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Split Sixth Circuit ruling spotlights split over who can get resentenced under new crack guidelines

By Douglas A. Berman

Within the next few weeks, the Supreme Court will hand down a ruling in the Dillon case dealing with the extent of a district court's authority to reduce sentences when a defendant is eligible for a reduction under the Sentencing Commission new reduced crack guideline.  But the Dillon case is unlikley to resolve or even address questions concerning just who is eligible for a reduction in the first instance, and this eligibility issue has lead to some circuit splits in a variety of contexts An intriguing  new split opinion today from the Sixth Circuit in US v. Pembrook, No. 08-6452 (6th Cir. Jun. 11, 2010) (available here), spotlights some aspects of this debate over this eligibility issue. Here is how the majority opinion in Pembrook starts: In 1997, Daryl Marcus Pembrook pleaded guilty to possession with intent to distribute crack cocaine...continue to full post

Full post as published by Sentencing Law and Policy on June 11, 2010 (boomark / email).