Editor's Note :

Editor's Note :

We expect orders from the March 24 conference on Monday at 9:30 a.m. There is a possibility of opinions on Tuesday, March 28 and Wednesday, March 29.
On Monday the court hears oral argument in Advocate Health Care Network v. Stapleton. Ronald Mann has our preview.
On Monday the court also hears oral argument in TC Heartland LLC v. Kraft Foods Group Brands LLC. Ronald Mann has our preview.

Dorsey v. United States

Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
11-5683 7th Cir. Apr 17, 2012
Tr.Aud.
Jun 21, 2012 5-4 Breyer OT 2011
 
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Holding: The more lenient mandatory minimum provisions of the Fair Sentencing Act – which reduced the disparity between sentences for crack and powder cocaine offenses – apply to defendants who committed a crack cocaine crime before the Act went into effect but were sentenced after its effective date in 2010.

Plain English Summary: In 2010, Congress passed a law that reduced the prison sentences for individuals who are convicted of crimes involving “crack” cocaine, which is the most common form of cocaine distributed on the streets. Congress did not specify whether the shorter sentences applied only to individuals who committed crimes involving “crack” after the law went into effect, or whether it also applied to individuals who committed their crimes before the law was passed but were not sentenced until after the law was enacted. By a vote of five to four, the Court held that the 2010 law applies to everyone who was sentenced after the law went into effect, no matter when they had actually committed their crimes.

Judgment: Vacated and remanded, 5-4, in an opinion by Justice Breyer on June 21, 2012. Justice Scalia filed a dissenting opinion, in which the Chief Justice and Justices Thomas and Alito joined.

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