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Supreme Court Holds that Fair Sentencing Act Applies to Post-Act Sentencing for Pre-Act Conduct


On June 25, 2012, the U.S. Supreme Court issued its opinion in Dorsey v. United States (No. 11-5683), holding that the Fair Sentencing Act’s new LOWER mandatory minimums apply to sentences for crack cocaine imposed after the Act for pre-Act crimes.

While this U.S. Supreme Court decision is exciting and good news for some defendants, attorney Kim Stephens successfully argued in the United States District Court for the Middle District of Georgia that his clients should be sentenced under the lower guidelines set forth in the Fair Sentencing Act in 2010 using many of the same arguments raised in Dorsey almost 2 years ago. As a result, Stephens’ clients were sentenced to much less time, i.e. several years less time, than they would have been sentenced to if the Fair Sentencing Act had not applied to pre-Act conduct.

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