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Breaking News – Third Circuit Says The FSA Is Retroactive

Here’s the conclusion from the Third Circuit’s opinion in United States v. Dixon:

We hold that the FSA requires application of the new mandatory minimum sentencing provisions to all defendants sentenced on or after August 3, 2010, regardless of when the offense conduct occurred.

I’ll have more on this tomorrow. In the meantime, here is Sentencing Law & Policy on the decision.

Here are posts on FSA decisions from the Seventh Circuit and Second Circuit holding that the FSA does not apply to defendants sentenced after the act was made law, but with offense conduct before it, and on from the Eleventh Circuit and First Circuit going the other way.