United States v. A. . ., No. 11-XXXX (6th Cir. Aug. 16, 2011) (sealed case). Judges Suhrheinrich, Siler, McKeague. (Call the Defender's Office at 616-742-7420 and ask for Clare Freeman if you want the details on the case.)
Defendant appealed his crack conviction. He was sentenced to the 60-month mandatory minimum (pre-FSA). Gov had argued at sentencing that the FSA did not apply.
Court's order reads: "The government has now changed its position on this issue and maintains that the FSA applies to all sentencings that occur after August 3, 2010." The defendant and the government jointly moved for remand. Court granted, but expressed "no opinion as to whether the FSA is applicable."
