Wednesday, April 10, 2013

11th Circuit Activity: More FSA Fallout

United States v. Hinds

Judge: Per curiam
Areas of Law: Criminal Law 
Opinion Date: April 9, 2013
Defendant was convicted of conspiring to possess with intent to distribute 50 grams or more of cocaine base and was sentenced following his conviction. Defendant was resentenced after the court vacated his original sentence upon finding that the drug amount attributed to him for sentencing purposes was too speculative and remanded to the district court for resentencing. The district court then imposed a sentence of 120 months and defendant appealed. The court agreed with defendant and the government that the Fair Sentencing Act (FSA), Pub. L. No. 111-220, 124 Stat. 2372, applied to defendants whose offenses occurred prior to August 3, 2010, the date on which the FSA took effect, but who were resentenced after August 3, 2010. The court held that there was no meaningful difference between an initial sentence and a resentencing post-Act, and that the FSA applied in both cases. Accordingly, the court vacated defendant's sentence and remanded to the district court for resentencing.

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