United States v. Douglas

MEMORANDUM OF DECISION ON SENTENCING ISSUE

D. BROCK HORNBY, District Judge.

Congress enacted the Fair Sentencing Act of 2010 to “restore fairness to Federal cocaine sentencing.” 1 Its most notable provision increases the amount of crack cocaine necessary to trigger mandatory five- and ten-year sentences. That change will reduce the current dramatic disparity in mandatory crack cocaine and powder cocaine sentences.

The issue in this case is whether the new provision that lowers the mandatory sentencing floors applies to a defendant who has not yet been sentenced, but who engaged in crack cocaine…