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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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