/Tag: retroactivity
30 Jun, 2011

US Sentencing Commission Votes for Retroactivity of Crack Cocaine Amendment

2015-03-02T18:16:15-06:00June 30th, 2011|Tags: , , , , |

Today, the U.S. Sentencing Commission "voted unanimously" to give "retroactive effect to its proposed permanent amendment to the federal sentencing guidelines that implements the Fair Sentencing Act of 2010," a press release said. The retroactively applicable guideline amendment for crack cocaine offenses will allow over 12,000 federal prisoners to seek resentencing. According to the Sentencing Commission [...]

29 Jun, 2011

Third Circuit Rules that Padilla v. Kentucky is Retroactively Applicable on Habeas

2019-03-18T18:47:56-05:00June 29th, 2011|Tags: , , , , |

The Third Circuit took the unusual step of declaring a Supreme Court opinion (Padilla v. Kentucky, 130 S.Ct. 1473 (2010)) retroactively applicable to defedants filing habeas corpus motions. The case is United States v. Orocio and the opinion can be found here. For those who do not regularly follow post-conviction and habeas [...]