Panel of Judges McKeague, White, and Barrett (S.D. Ohio).
OK, so we got Dorsey on June 21: the FSA applies to defendants sentenced after the FSA went into effect, even if the offense occurred pre-FSA.
Well, the Sixth Cir. just concluded that the FSA does not apply to people sentenced pre-FSA, even if their cases were on appeal when the FSA went into effect. The COA rejected a Dorsey argument.
Mandatory life on the table in Finley. Jury found D guilty. GL range of 151 to 188 months, but statute trumped and D got life in prison. Mandatory minimum under the FSA would have been ten years (248 grams of crack + prior convictions).
COA looked to 1 U.S.C. 109 and Carradine. Also looked to other circuits. Cabined Dorsey to post-FSA sentencings. COA rejected policy arguments. Court also rejected argument about the case being on direct review: precedent on this issue applies only to S Ct decisions that come out---not to statutes.
(The other issue was ineffective assistance of counsel. While the defendant "raises serious questions about the competence of his defense counsel," ineffective-assistance claim not for direct appeal---needs to be in 2255.)
COA affirmed.
Enjoy the 4th!
