July 21, 2012 - United States Supreme Court Ruled in Favor of Resentencing for those Sentenced Before The Fair Sentencing Act of 2010

June 21, 2012, the United States Supreme Court ruled in favor of the defendants in the crack cocaine pipeline case, Dorsey v, United States.  The question was whether the new crack cocaine law, the Fair Sentencing Act of 2010, which reduced crack cocaine penalties, including certain minimum mandatory penalties, would apply to persons who committed their crack cocaine crimes before the effective date of the new law, August 2010, but who were sentenced after the effective date of the new law.  Mr. Kent had raised this issue for his client T. B., at T.B.'s plea and sentencing, arguing that T. B. was entitled to the new, lower minimum mandatory penalty of five, not ten years imprisonment.  The district court ruled against us.  We then pursued the issue on direct appeal.  T. B.'s appeal has been stayed pending the decision in Dorsey.  T. B.'s ten year minimum mandatory sentence will now be vacated on the authority of Dorsey and his case remanded to the district court for resentencing in conformity with the new crack minimum mandatory penalties, five years instead of ten years.