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Tag Archives: mandatory minimum

Court: Sentencing law applies to pre-enactment crimes

The Fair Sentencing Act of 2010, which lowered the minimum sentencing requirements for many crack cocaine-related offenses, applies to all sentences imposed after the statute’s enactment, even those for pre-enactment crimes, the U.S. Supreme Court has ruled.

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SENTENCING

The term “cocaine base,” as used in a federal law imposing a mandatory 10-year minimum sentence for certain drug offenses, means not just crack cocaine, but also cocaine in its chemically basic form. See “Court: Higher drug sentences apply beyond ...

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Does higher drug sentence apply beyond crack cases?

For years, a federal statute imposed a minimum penalty that was 100 times higher for offenses involving “cocaine base” than for powder cocaine offenses. Though that law has been changed to reduce the disparity, the U.S. Supreme Court is now considering if other cocaine substances could qualify for the tougher minimum sentence.

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SENTENCING

A mandatory minimum 5-year consecutive sentence for using a gun during a felony cannot be avoided because it was tacked onto another mandatory minimum sentence. See “Court upholds sentence boost for felony firearm use” U.S. Supreme Court. Abbott v. U.S. ...

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