June 23, 2011 - Eleventh Circuit Court of Appeals Vacated Ten Year Minimum Mandatory Sentence

June 24, 2011, federal Eleventh Circuit Court of Appeals decided in United States v. Rojas that the Fair Sentencing Act of 2010 (the new Crack law), does apply to defendants whose crimes were committed prior to the enactment of the new law, but who were sentenced after the new law went into effect.  In doing so the Court of Appeals used some of the very same legal reasoning that Mr. Kent presented to both the district court and to the Court of Appeals for his client T. A. B., whose appeal is currently pending at the Eleventh Circuit.  Unless the Eleventh Circuit takes up the Rojas case en banc and reverses it, which is unlikely, Mr. Kent's client, T. A, B,'s will have won his appeal based on Rojas and have his ten year minimum mandatory sentence vacated and reversed and he will be resentenced subject only to a five year minimum mandatory.