The 1st Circuit has ruled that trial judges have discretion to resentence criminal defendants who originally were sentenced in line with former crack cocaine sentencing guidelines, even if the defendants qualify for career offender status. The ruling follows similar decisions by the 2nd, 9th and 11th circuits. The 8th and 10th Circuits, by contrast, have not allowed resentencing.
1st Circuit Expands Trial Courts' Discretion Over Resentencing
The National Law Journal
June 7, 2010