Concepcion v. United States
| Concepcion v. United States | |
|---|---|
 | |
| Argued January 19, 2022 Decided June 27, 2022 | |
| Full case name | Carlos Concepcion, Petitioner v. United States |
| Docket no. | 20-1650 |
| Citations | 597 U.S. ___ (more) 2022 WL 2295029; 2022 U.S. LEXIS 3070 |
| Argument | Oral argument |
| Decision | Opinion |
| Questions presented | |
| Whether, when deciding if it should "impose a reduced sentence" on an individual under Section 404(b) of the First Step Act of 2018, 21 U.S.C. § 841 note, a district court must or may consider intervening legal and factual developments. | |
| 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 | |
| |
| Case opinions | |
| Majority | Sotomayor, joined by Thomas, Breyer, Kagan, Gorsuch |
| Dissent | Kavanaugh, joined by Roberts, Alito, Barrett |
| Laws applied | |
| Fair Sentencing Act of 2010; First Step Act | |
Concepcion v. United States, No. 20-1650, 597 U.S. ___ (2022), is a Supreme Court decision that concerns the district court's ability to intervene using changes of law or fact in exercising their discretion to reduce a sentence.[1]
Background
In 2006, Carlos Concepcion was arrested on felony drug charges for an illegal sale of cocaine. He then pled guilty for 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, the 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 grants discretion to the court 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 conviction was previously vacated[2]. The District Court denied Concepcion's motion.[2]
Concepcion appealed to the First Circuit Court of Appeals. The Circuit denied his appeal stating that Section 404(b) did not grant a new proceeding and that the resentencing is "discretionary." He appealed to the Supreme Court, which granted his case a certiorari on September 30, 2021.[2]
Holding
Majority Opinion
The opinion of the court written by Justice Sotomayor to which Justices Thomas, Breyer, Kagan, and Gorsuch joined, 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] The court held that there is a long and durable tradition that sentencing judges have discretion and an ability to decide on each case on a case-by-case basis. The First Circuit's decision was reversed and remanded."[1]
Dissent
Justice Kavanaugh with Justices Roberts, Alito and Barrett joining wrote the court's dissenting opinion.
References
- ^ a b c "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.
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