DEFENDER SERVICES OFFICE
TRAINING DIVISION





The Defender Services Office Training Division furthers the right to effective assistance of counsel by providing training and other resources to attorneys appointed under the Criminal Justice Act.





Supreme Court Holds that FSA Applies to Post-Act Sentencing for Pre-Act Conduct

Today, the Supreme Court issued its opinion in Dorsey v. United States (No. 11-5683), holding that the Fair Sentencing Act's new mandatory minimums apply to sentences for crack cocaine imposed after the Act for pre-Act crimes.  The Court stated, in an opinion written by Justice Breyer, "[W]e conclude that Congress intended the Fair Sentencing Act's new, lower mandatory minimums to apply to the post-Act sentencing of pre-Act offenders.  That is the Act's 'plain import' or 'fair implication.'" 

In another opinion issued today, Southern Union Co. v. United States (No. 11-94) the Court held that the rule of Apprendi applies to criminal fines.

For more on both cases see this post on the Sentencing Law and Policy Blog.
 

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