United States v. Young
782 F. Supp. 2d 450
E.D. Mich.2011Background
- Jesse Albert Young pled guilty in E.D. Mich. on case No. 10-20148 under a Rule 11 agreement.
- The sentencing hearing was set for April 14, 2011.
- Young objected to applying the Fair Sentencing Act of 2010 (FSA) to his sentence.
- The FSA, enacted August 3, 2010, reduced crack cocaine penalties but did not specify retroactivity.
- Several courts split on whether FSA applies retroactively to offenses committed before its enactment but not yet sentenced.
- The court resolves Objection 3 in favor of non-retroactivity, holding FSA does not apply to pre-August 3, 2010 offenses.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether FSA applies retroactively to pre-enactment offenses | Government argues Carradine controls; FSA retroactive | Young argues FSA should apply to pre-8/3/2010 offenses | FSA not retroactive; not applicable to pre-8/3/2010 offenses |
Key Cases Cited
- United States v. Carradine, 621 F.3d 575 (6th Cir. 2010) (savings statute governs retroactivity; no express retroactive language in FSA)
- Douglas v. United States, 746 F. Supp. 2d 220 (D. Me. 2010) (analysis of retroactivity under FSA and savings statute)
- United States v. Fisher, 635 F.3d 336 (7th Cir. 2011) (retroactivity question for pre-sentencing offenders examined)