If you have a client sentenced AFTER Aug. 3 who was sentenced under the OLD mand mins, try to get that client some relief: If they are currently on direct appeal as appellee, see if the AUSA will move to dismiss the appeal; if they are appellant, try to get the AUSA, and then the Court, to agree to remand for resentencing.
Remember, career offenders are affected too! B/c CO offense level tied to statutory sentencing range.
If the 14 days for filing an appeal are up, seek an extension to file under Fed. R. App. P. 4(b)(4).
2255s MAY be a last resort, but this potential avenue is pretty ambiguous right now.
Courts can still reject the parties' undisputed position that the FSA applies, but let's give it all we've got.
