Legal Opinion · Dissent

United States v. Zachary Mayes

Court of Appeals for the Sixth Circuit

Decided June 6, 2014No. 13-5298Unpublished

1DissentMerritt, Circuit Judge

This ease involves only a few ounces of crack cocaine. Congress drastically cut sentences in such cases in the Fair Sentencing Act finding that the old sentences were irrational and racially discriminatory.

The majority seems to recognize that the defendant Mayes was sentenced after the Fair Sentencing Act went into effect, not before, but they give no effect to this crucial fact. Post-Act sentencing should mean that under Dorsey v. United States, — U.S. -, 132 S.Ct. 2321, 183 L.Ed.2d 250 (2012), Mayes should be given the benefit of the new, reduced crack penalties reduced from the penalties…

2Cases cited4 opinions

  1. Dorsey v. United StatesSupreme Court of the United States · 2012
  2. Federal Communications Commission v. Fox Television Stations, Inc.Supreme Court of the United States · 2012
  3. Freeman v. United StatesSupreme Court of the United States · 2011
  4. United States v. Bryon TaylorCourt of Appeals for the Sixth Circuit · 2014

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