Red Dog

Federal criminal defense, blitzes and otherwise, in the Sixth Circuit and beyond.

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Wednesday, August 28, 2013

The Crack Plot Thickens

OK, yesterday, United States v. Doe was released.  No case #.  Panel of Judges Keith, Cole, and Rogers.  It's for publication and there's a concurrence by Cole and a dissent by Rogers.  The opinion is good:
 
"For the reasons stated above, we hold that applying the new [FSA crack] minimums in Defendant’s § 1B1.10(b)(1) calculation is the only way to give effect to Congress’s intent to achieve consistency with other Guidelines provisions, especially with regard to which kinds of defendants—cooperative and uncooperative—are eligible for sentence reductions."
 
Defense counsel is likely to be able to surmise why the COA redacted. 
 
The crack issues swirl on. . . .