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.