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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