Legal Commentary

Supreme Court Rules Amended Crack Cocaine Guidelines Don't Allow for Full Re-Sentencing

By Jeralyn

The Supreme Court today ruled against Percy Dillon in his challenge to to his sentence for crack cocaine. Details of the case are here.

[T]he issue is whether the two level reduction in federal sentencing guidelines for crack cocaine implemented a few years ago allows judges, when implementing the reduction, to conduct a complete resentencing.

Many defendants were sentenced to huge terms of imprisonment for crack when the guidelines were mandatory. Since Booker in 2005, they have become discretionary. So when a defendant files a motion to have his or her sentence reduced under the guideline amendment, shouldn't the Judge be allowed to resentence under current law, treating the guidelines as advisory only? Put another way, shouldn't Booker be followed for sentencing modification decisions?

The Supreme Court says "No." The opinion, written by Justice Sotomayor, is here.

Full post as published by TalkLeft on June 17, 2010 (boomark / email).