Articles Tagged with retroactivity

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It’s generally a slow time of year between Christmas and New Year’s, but the federal circuits have been busy. But who wouldn’t want to start the year with a remand in a criminal case (other than the government)?

Since we were off last week, here are the wins from the last two weeks in the federal circuits.

Happy New Year!

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Michael Jackson – no, not that one – pled guilty to dealing crack.

He did so at a particularly odd time in our Nation’s history when it comes to crack sentencing.

Mr. Jackson’s plea hearing was in June of 2009. The district court judge, wanting to give Mr. Jackson the benefit of what the court was sure would be a new change in our crack sentencing laws – sure that change he could believe in was coming – let Mr. Jackson’s sentencing hearing be delayed to see if Congress would change the crack sentencing laws.