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.
June 07, 2010 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
A 1st U.S. Circuit Court of Appeals ruling giving district court judges resentencing discretion when a defendant meets career offender and crack cocaine guidelines expands a circuit split on the issue.
The 1st Circuit ruled on May 28 in U.S. v. Cardosa (pdf) that trial judges have discretion to resentence criminal defendants who originally were sentenced in line with former crack cocaine sentencing guidelines, even if the defendant qualifies for career offender status.
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