There was only one win in the federal circuits last week, but United States v. Blewett was a whopper – the Sixth Circuit held that the Fair Sentencing Act applies retroactively to people sentenced before it took effect. Here’s the best language:
In this case, we hold, inter alia, that the federal judicial perpetuation of the racially discriminatory mandatory minimum crack sentences for those defendants sentenced under the old crack sentencing law, as the government advocates, would violate the Equal Protection Clause, as incorporated into the Fifth Amendment by the doctrine of Bolling v. Sharpe, 347 U.S. 497 (1954) (Fifth Amendment forbids federal racial discrimination in the same way as the Fourteenth Amendment forbids state racial discrimination).
In unrelated news, the New York Times had an excellent editorial (available here subject to the Times kind of annoying content restriction thing – private browsing anyone?) on Brady and criminal discovery.