Concepcion v. United States

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2022 United States Supreme Court case

Concepcion v. United States, 597 U.S. 481 (2022), is a United States Supreme Court decision that concerns district courts' ability to consider changes of law or fact in exercising their discretion to reduce a sentence.[1]

Background

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In 2006, Carlos Concepcion was arrested on felony drug charges for an illegal sale of cocaine . He pleaded guilty to the distribution of five grams of crack cocaine in 2008.[2] [3] His penalty carried a mandatory minimum sentence of five years in prison but with his previous criminal conviction, the mandatory minimum sentence was elevated to ten years.[2] Ultimately, he was subsequently sentenced to 19 years' imprisonment.[3]

In 2010, Congress passed the Fair Sentencing Act of 2010 , which increased the minimum threshold for the mandatory minimum sentence to be triggered to twenty-eight grams of crack cocaine.[2] But because the Fair Sentencing Act didn't apply retroactively,[2] his sentence remained the same. However, in 2018, Congress passed the First Step Act , which allowed for the Fair Sentencing Act's sentence reduction to apply retroactively and granted discretion to district courts to "impose or withhold" reducing a sentence.[2] Subsequently, Concepcion filed a motion for sentence reduction due to Section 404(b) of the First Step Act . He also argued that the district court should no longer consider him a career offender under the 2018 Federal Sentencing Guidelines, since one of his convictions was previously vacated.[2] The district court denied Concepcion's motion.[2]

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

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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

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Jump up to: 1 2 "Concepcion v. United States" (PDF). United States Supreme Court. June 27, 2022. Retrieved June 28, 2022.
Jump up to: 1 2 3 4 5 6 7 8 Oliver, Theresa; Zarkower, Sam; Bialer, Daniel (January 13, 2022). "Concepcion v. United States" . LII / Legal Information Institute. Cornell Law School. Retrieved June 28, 2022.
Jump up to: 1 2 Poggio, Marco (September 30, 2021). "Supreme Court Will Seek To Solve Crack Resentencing Puzzle – Law360" . Law360. LexisNexis. Retrieved June 28, 2022.

External links

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Text of Concepcion v. United States, 597 U.S. ___ (2022) is available from: Google Scholar Internet Archive (docket files) Justia Oyez (oral argument audio) Supreme Court (slip opinion)

Retrieved from "https://en.wikipedia.org/w/index.php?title=Concepcion_v._United_States&oldid=1351978702 "

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