CONCEPCION V UNITED STATES CRACK
The Act allows a district court to impose a reduced sentence "as if " the revised penalties for crack cocaine enacted in the Fair Sentencing Act of 2010 were in effect at the time the offense was committed. The First Step Act authorizes district courts to reduce the prison sentences of defendants convicted of certain offenses involving crack cocaine. Ibid.Ĭongress enacted the First Step Act of 2018 against that backdrop. Similarly, when a defendant's sentence is set aside on appeal, the district court at resentencing can (and in many cases, must) consider the defendant's conduct and changes in the Federal Sentencing Guidelines since the original sentencing. When a defendant appears for sentencing, the sentencing court considers the defendant on that day, not on the date of his offense or the date of his conviction. In line with this history, federal courts today generally "exercise a wide discretion in the sources and types of evidence used" to craft appropriate sentences. There is a longstanding tradition in American law, dating back to the dawn of the Republic, that a judge at sentencing considers the whole person before him or her "as an individual." Koon v. Johnson, Attorney, Department of Justice, Washington, D.C., for Respondent. Feigin, Deputy Solicitor General, Matthew Guarnieri, Assistant to the Solicitor General, Joel S. Polite, Jr., Assistant Attorney General, Eric J. Prelogar, Solicitor General, Counsel of Record, Kenneth A.
Roper, Williams & Connolly LLP, Washington, DC, for Petitioner.Įlizabeth B. Martin Richey, First Assistant Federal Public Defender, Boston, MA, Lisa S. Matthew Guarnieri, Washington, D.C., for respondent. Justice SOTOMAYOR delivered the opinion of the Court.Ĭharles L.
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