circuit split Archives - Cockle Legal Briefs

What Is the Impact of the Supreme Court’s Ruling in Freeman v. United States to the Retroactive Crack Cocaine Amendment?

Shon R. Hopwood2011-07-27T17:43:02-05:00July 27th, 2011|Tags: Amendment 750, circuit split, crack cocaine, Freeman v. United States, Justice Sotomayor, retroactive amendment, U.S. Sentencing Commission, United States v. Guyton|

First impressions are rarely accurate. At least mine, anyway. So when I first read Justice Sotomayor’s concurring opinion in Freeman v. United States, No. 09-10245, I didn’t think much of it. The number of guideline amendments that turn retroactive is few as are Rule 11(c) plea agreements. But giving the opinion a [...]

Circuits Split over the Interpretation of the Federal Narcotics Statute

A petition for writ of certiorari filed in Robinson v. United States, No. 08-1374, asks the Supreme Court to clear up a circuit split over the meaning of a federal narcotics statutory provision. The petition and reply brief can be viewed here and here. The Solicitor General’s brief in opposition can be viewed here. The [...]