Concepcion v. United States
Concepcion v. United States | |
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Argument | Oral argument |
Holding | |
Section 404(b) of the First Step Act of 2018, 132 Stat. 5222, allows district courts to consider intervening changes of law or fact in exercising their discretion to reduce a sentence. | |
Court membership | |
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Case opinions | |
Majority | Sotomayor, joined by Thomas, Breyer, Kagan, Gorsuch |
Dissent | Kavanaugh, joined by Roberts, Alito, Barrett |
Laws applied | |
Fair Sentencing Act First Step Act |
Concepcion v. United States, 597 U.S. ___ (2022), is a
Background
In 2006, Carlos Concepcion was arrested on felony drug charges for an illegal sale of
In 2010,
Concepcion appealed to the United States Court of Appeals for the First Circuit. The First Circuit affirmed, stating that Section 404(b) does not grant a new proceeding and that resentencing is "discretionary." He subsequently filed a petition for a writ of certiorari.[2]
Supreme Court
The court granted certiorari on September 30, 2021, and heard oral arguments on January 19, 2022. On June 27, 2022, the Supreme Court reversed the First Circuit's ruling in a 5–4 vote and held that the "First Step Act allows district courts to consider intervening changes of law or fact in exercising their discretion to reduce a sentence."[1] Justice Sotomayor wrote the majority opinion, while Justice Brett Kavanaugh authored the dissent.
References
- ^ a b "Concepcion v. United States" (PDF). United States Supreme Court. United States Supreme Court. June 27, 2022. Retrieved June 28, 2022.
- ^ a b c d e f g h Oliver, Theresa; Zarkower, Sam; Bialer, Daniel (January 13, 2022). "Concepcion v. United States". LII / Legal Information Institute. Cornell Law School. Retrieved June 28, 2022.
- ^ a b Poggio, Marco (September 30, 2021). "Supreme Court Will Seek To Solve Crack Resentencing Puzzle – Law360". Law360. LexisNexis. Retrieved June 28, 2022.
External links
- Text of Concepcion v. United States, 597 U.S. ___ (2022) is available from: Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)