Fair Sentencing Debate

   Fair Sentencing Debate

Last month the Supreme Court of the United States in a 5-4 majority opinion by Justice Stephen G. Breyer, held that the Fair Sentencing Act of 2012 (FSA) is applicable when the criminal was sentenced after the FSA passed but the crime occurred before the passage.  Dorsey v. U.S., 132 S.Ct. 2321, 2335–36. (2012).  Specifically in regards to crack cocaine, the FSA increased the statutory minimum amount of crack cocaine required for sentencing.  For a 5-year sentence the minimum was raised from 5 to 28 grams, and for a 10-year sentence the minimum was raised from 50 to 280 grams.  The consolidated case involved Mr. Dorsey, who was caught with 5.5 grams of crack cocaine, and Cory Hill, who was caught with over 50 grams.  Id. 2329.  Both criminals had committed the crime prior to the FSA passage, thus the trial court did not apply the FSA to their sentencing.  Id.  The Seventh Circuit affirmed both sentences. 

The Supreme Court found that the petitioners were incorrectly sentenced and held that the FSA guidelines apply to those who committed crimes before the Act was passed.  The Court reasoned that it was Congress's clear intent to apply the Act to all offenders sentenced after the passage.  Id. 2332.

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