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Retroactivity

265 published works

  1. Sentencing Law and Policy

    A few more thoughts on applying the FSA to not-yet-sentenced defendants

    By Douglas Berman

    Main December 1, 2010A few more thoughts on applying the FSA to not-yet-sentenced defendantsAs regular readers know, I am troubled by the Justice Department's view that any defendant who committed…

  2. Sentencing Law and Policy

    Seventh Circuit joins Sixth and Eleventh Circuits in rejecting applicability of FSA to pipeline cases

    By Douglas Berman

    Main October 20, 2010Seventh Circuit joins Sixth and Eleventh Circuits in rejecting applicability of FSA to pipeline casesAt the end of a lengthy opinion addressing other issues, a Seventh Circuit…

  3. Sentencing Law and Policy

    Eleventh Circuit summarily (in dicta?) asserts that FSA sentencing changes cannot impact pre-change crimes

    By Douglas Berman

    Main October 1, 2010Eleventh Circuit summarily (in dicta?) asserts that FSA sentencing changes cannot impact pre-change crimesA few weeks ago in this post, I noted that the Sixth Circuit at…

  4. Sentencing Law and Policy

    Sixth Circuit summarily (and wrongly?) decides that sentencing changes in Fair Sentencing Act not applicable to pre-change crime

    By Douglas Berman

    Main September 20, 2010Sixth Circuit summarily (and wrongly?) decides that sentencing changes in Fair Sentencing Act not applicable to pre-change crime At the end of a seemingly minor opinion, the…

  5. Sentencing Law and Policy

    Lengthy Third Circuit discussion of crack retroactivity issue that has split the circuits

    By Douglas Berman

    Main July 27, 2010Lengthy Third Circuit discussion of crack retroactivity issue that has split the circuitsA Third Circuit panel decision today US v. Flemming, No. 09-2726 (3d Cir. June 27,…

  6. Sentencing Law and Policy

    US Sentencing Commission seeking comment on reduced criminal history guideline being retroactive

    By Douglas Berman

    Main July 19, 2010US Sentencing Commission seeking comment on reduced criminal history guideline being retroactive As detailed in this official Federal Register Notice of request for public comment, the US…

  7. Sentencing Law and Policy

    A notable Sixth Circuit concurrence lamentingDillonand modern severity

    By Douglas Berman

    Main June 25, 2010A notable Sixth Circuit concurrence lamenting Dillon and modern severity Concurring in a Sixth Circuit panel decision today in US v. Robinson, (6th Cir. June 25, 2010)…

  8. Sentencing Law and Policy

    SCOTUS rules 7-1 against defendant in crack retroactivity case

    By Douglas Berman

    Main June 17, 2010SCOTUS rules 7-1 against defendant in crack retroactivity case Fittingly, the Supreme Court this morning has handed down its biggest federal sentencing ruling this Term with a…

  9. CAFA Law Blog

    CAFA does NOT apply Retroactively, Unless Special Circumstances are Met. In Louisiana and in the Fifth Circuit Braud and Abshire Control the Commencement Issue.

    By McGlinchey Stafford

    Abshire v. The State of Louisiana, 08-369-RET-SCR (M.D. La. December 30, 2008). On November 10, 2008, United States Magistrate Judge Stephen C. Riedlinger handed down a magistrate judge’s report on…

  10. Sentencing Law and Policy

    Details onDillonas SCOTUS oral argument approaches

    By Douglas Berman

    Main March 28, 2010Details on Dillon as SCOTUS oral argument approaches Because there is so much that could be said about the crack guideline modification retroactivity issue that goes before…