Supreme Court Grants Cert. to FSA Pipeline Issue

Hill v. United States (11-5721)

Fair Sentencing Act and Crack Cocaine cases before and after its implementation are going to get their day in the Supreme Court!

Great news today from the United States Supreme Court. With a split in Circuit Court decisions regarding application of Crack Cocaine Sentencing Guideline reductions from the Fair Sentencing Act of 2010 (FSA), the Supreme Court has decided to hear arguments and resolve this issue once and for all.

In Hill v. United States, the defendant asserts that the reductions in Crack Cocaine sentences which arose from the passage of FSA applies to all defendants sentenced after the date of enactment of the new law: August 3, 2010.

Since the name “Fair Sentencing Act” implies that prior sentencing rules were unfair, its only logical to think that courts would apply the new guidelines to all defendants sentenced after its enactment, right? Wrong.

Although the First, Third, and Eleventh Circuits have agreed with this conclusion, the 7th Circuit has decided to apply the new reductions only to defendants who committed their crimes after August 3, 2010. All defendants already awaiting sentencing after that day were still sentenced under the older, harsher rules.

FSA Pipeline Cases Defined

These cases are called “Pipeline” cases. FSA pipeline cases are where defendants committed and charged with their offenses before the enactment of FSA, but had yet to be sentenced. Many believed they would get a more fair sentence immediately following the bill’s enactment date, and many received no such relief.

What Does This Mean?

The Supreme Court must now decide if the application of the newer, fairer law should have been applied to all pending sentences as of August 3, 2010. If it decides that this is the case, the decision is a huge victory for a lot of defendants with FSA pipeline cases.

Even if the Supreme Court decides that many defendants were sentenced under the old law unfairly, there is still work to be done. Each defendant must petition their sentencing court to reduce their sentence in the same way that the current USSC policy allows for. The biggest change that could come from this decision is the application of lengthy mandatory minimum sentences that could then be removed.

Keep checking in for the latest on the Hill case!

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