Decision in Dorsey&Hill v. United States: Crack Cocaine v. Powder Cocaine- Is the Fair Sentencing Act applicable when the criminal was sentenced after the Fair Sentencing Act passed but the crime occurred prior to passage?

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Before going into Dorsey/Hill v. United States case, A little history is needed on this issue. 

Facts of the Case 

In 1986, during the Reagan administration’s anti-drug initiative, Congress enacted a federal sentencing policy of punishing crimes involving crack cocaine at a 100-to-1 ratio compared to crimes involving powder cocaine. For example, the sentencing guidelines prescribe the same sentence for a defendant convicted of dealing 500 grams of powder cocaine as they do for a defendant convicted of dealing only five grams of crack cocaine. Congress declined to repeal the 100-to-1 ratio despite the U.S. Sentencing Commission’s contention that the ratio led to exaggerated sentences for crack dealers.

Derrick Kimbrough pleaded guilty to distributing fifty or more grams of crack cocaine, along with other drug- and firearm-related offenses. The federal sentencing guidelines prescribed a sentence of between 19 and 22.5 years, but the district court judge considered this sentence “ridiculous.” Citing the Sentencing Commission’s reports, the judge decided to depart from the 100-to-1 ratio and hand down a sentence of 15 years. Since the Supreme Court’s decision in United States v. Booker the sentencing guidelines have been advisory only, but the guidelines range is still among the factors a court must consider before handing down a reasonable sentence.

On appeal, the U.S. Court of Appeals for the Fourth Circuit rejected the below-guidelines sentence as unreasonable. The Fourth Circuit ruled that trial judges act unreasonably when they depart from the guidelines on the basis of a disagreement with a congressional sentencing policy. Therefore, judges cannot hand down below-guidelines sentences merely in order to avoid the sentencing disparity caused by the 100-to-1 ratio. Needless to say, the U.S. Supreme court upheld the Federal District Trial Judge’s ruling. Here is the link to that case http://www.oyez.org/cases/2000-2009/2007/2007_06_6330.

References

“KIMBROUGH v. UNITED STATES,” The Oyez Project at IIT Chicago-Kent College of Law, accessed June 29,  2012, http://www.oyez.org/cases/2000-2009/2007/2007_06_6330.

On July 28, 2010, The house passed legislation reducing the two-old sentencing disparity between crack and powder cocaine offenses. This legislation is further proof that the war on drugs has never worked.  Democrats and Republicans both agree that drug laws are too harsh and need to be reformed.

Advocates pushed to totally eliminate the disparity but ultimately a compromise was struck between Democrats and Republicans to reduce the 100-to-1 disparity to 18-to-1. The compromise also eliminated the five year mandatory minimum sentence for simple possession of five grams of cocaine (about two sugar packets worth). The repeal of that mandatory minimum is the first repeal of a mandatory minimum drug sentence since the 1970s. Overall, the compromise bill is expected to reduce the federal prison population by thousands of offenders and save an estimated $42 million in criminal justice spending over the first five years.

http://www.huffingtonpost.com/jasmine-tyler/congress-passes-historic_b_662625.html

On April 28, 2011 the Commission submitted to Congress the proposed permanent
guideline amendment implementing the Fair Sentencing Act.   The proposed permanent
amendment will go into effect on November 1, 2011, unless Congress acts to modify or reject the
amendment.   

On June 30, 2011 the Commission voted to give retroactive effect to the proposed
permanent guideline amendment. The effective date of this retroactive effect and changes to
§1B1.10 (Reduction in Term of Imprisonment as a Result of Amended Guideline Range),
the policy statement governing retro-activity, is November 1, 2011. Until that date, the courts
should apply §1B1.10 as set forth in the 2010 Guidelines Manual (http://www.ussc.gov/Meetings_and_Rulemaking/Materials_on_Federal_Cocaine_Offenses/FAQ/FAQ_Crack_Guideline_Amendment.pdf).

 

That brings us back Dorsey v. United States.  Is the FSA applicable when the criminal was sentenced after the FSA passed but the crime occurred prior to passage?

Yes. In a 5-4 majority opinion by Justice Stephen G. Breyer, the Court held that the FSA’s lower minimum sentences apply to offenders sentenced after the FSA’s passage, even for crimes committed before its passage. In the Court’s view, Congress clearly intended for the sentencing guidelines to apply to pre-Act offenders. The FSA is intended to create uniformity and proportionality in sentencing, a goal that would be undermined by applying the old sentencing guidelines after the Act’s passage. Instead, applying the old sentencing guidelines would create the exact sentencing disparities that Congress tried to prevent with the FSA.

 

 

 

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Its breezy

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Barcode for digital business card for its breezy outside ent.

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IS THAT MY LINE?

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IS THAT MY LINE

 

 AS I LAY HERE TONIGHT

NOT SPARING MY FINGERS FROM THE PAINFUL BITE,

 I QUESTION MYSELF; WHAT ARE YOU THINKING?  ARE YOU REALLY GONNA RISK IT ALL?

ARE YOU REALLY GONNA CHANCE THE FALL?

 ARE YOU GONNA BE OK WHEN THE SUN RISES? OR WILL YOU BE BLINDED BY THE TEARS IN YOUR EYES? AND

 WILL YOU BE ABLE TO CATCH YOUR BREATH IN BETWEEN THE WORRY AND FRET?

IS THERE ANYONE YOU CAN CALL TO GET YOU OUT OF THIS MESS?

 PARTNERS IN CRIME, DOING THE SAME TIME, BOTH WONDERING IF THAT SHOULD BE MY LINE.

 BUT I DISMISSED IT, NOW YOU WON’T MISS IT, AND WE BOTH SHOULD NOT EVEN BE DOING THIS SHIT.

 THE HAND MOVES IN IT’S 360 DEGREE, HANGING THERE, THINKING WITH ME.

(TIME IS THE ONLY ONE WHO CAN TELL TIME)

 SHOULD I BE THE ONE WHO ASK, DEMAND, SUGGEST, INSIST?

SHOULD THAT LINE COME FROM MY LIPS?

 WHAT WILL BE IF I JUST CALLED IT QUITS? WILL IT BE THE VERY END OF ME?:

WILL I EVER BE HAPPY?  OR WILL I FOREVER BE LONELY?

 IF I SAY WAIT! HOLD ON, GIVE ME A MINUTE, STOP I GOTTA GO GET SOMETHING,

I DON’T WANT TO FORGET IT.

WILL YOU HAVE A KNIPTION FIT?

 I SEE ALL OF THE THINGS GOING ON IN THIS DAY AND TIME, SO I AM NOT BLIND,

BUT STILL IM UNSURE IF THAT SHOULD BE MY LINE.

 IS MY PLATE THAT FULL, THAT I CAN’T BE RESPONSIBLE?

AM I PREPARED TO DEAL WITH ONE OR TWO?

 OR AM I FRIGHTEN BY THE VERY THOUGHT,

THAT I WONT LIKE WHAT MY MOUTH BROUGHT?

 THE CLOCK CHIMES, EVERYTHING WAS GOING FINE,

UNTIL I STARTED TO WONDER….  IS THAT IS MY LINE.

 IF I DON’T SAY A THING,

WHAT KIND OF DAY WILL IT BRING?

 WILL IT BE FULL OF SUNSHINE, OR CLOUDS?

OR WILL EVERYDAY BE RAINY, JUST BECAUSE I DIDN’T THINK OUT LOUD?

 MY HEART IS BEATING FAST,

BUT THEY SAY ALL THAT WILL PASS.

 BUT YOU KNOW WHAT? I DON’T GIVE A RATS ASS! ABOUT LOOSE LIPS SINKING SHIPS,

NEXT TO GOD, NO ONE IS ALL THAT AND A BAG OF CHIPS

 THANK GOD I WAS THINKING, I ALMOST LOST MY MIND,

YOU DAMN RIGHT, THAT SHOULD BE MY LINE.

 I SAID IT, I SAID IT,

AND I DON’T EVEN REGRET IT.

 IT SPILLED OUT LIKE WATER FROM A CUP,

BUT IT WILL BE OK AS LONG AS YOU WRAP IT UP.

 WHAT WAS THAT? WHAT DO YOU MEAN WITH THAT ON,

 IT WONT BE NO CONTACT?

 YOU WANNA DO WHO? DID I HEAR YOU CORRECTLY BOO?

YOU WANNA PUT IT IN FOR JUST A MINUTE OR TWO?

 I DON’T THINK THAT WILL BE POSSIBLE, EVEN IF YOU LOVE ME,

JUST AS MUCH AS I LOVE YOU,

 I HAVE MY WHOLE LIFE TO LOOK FORWARD TO,

BUT FROM THE LOOKS OF THINGS, YOU DON’T HAVE A CLUE.

 BECAUSE YOU WON’T USE IT NOW, LETS ME KNOW YOU NEVER USED IT BEFORE,

SO NOW IT’S TIME FOR ME TO BE LOOKING AT THE FRONT DOOR.

 PLEASURE! PLEASURE!  I JUST WALK OUT ON PLEASURE

 CAUSE NO PLEASURE IS WORTH MY LIFE,

PLEASURE WONT MAKE ME FLY AWAY LIKE A KITE.

(without a string if you know what I mean!)

 TAKE THE TIME TO THINK, AND INCREASE YOUR CHANCES AT LIFE,

EVEN IF IT MEANS THAT YOU WILL BE LONELY TONIGHT.

 BECAUSE PLEASURE IS FINE, BUT IT’S NOT WORTH THE TIME,

SO I GIVE TO YOU, A NEW MEANING OF THE QUESTION

IS THAT MY LINE?

Written by DeShunda S. Brown-6/14/2000

CHARGE ‘EM (murder/rape)

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A Nine year old boy stabs his father in the stomach, causing fatal injuries. He is arrested and charged with First Degree murder…….as an adult! Do you believe juveniles should be charged as adults?  Why or why not?

An Eighteen year old male has consensual sexual relations with an 16 yr old female.  The parents of the female find out the age of the male and contacts the authorities.  He is later arrested and charged with Statutory Rape and has to register as a Sex Offender for the rest of his life. In your opinion, is the charge and conviction justifiable?  Why or why not?

MORNING PRAYER

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  MORNING PRAYER

 As I rise from my sleep,

I thank you lord for protecting me.

On this morning to you I pray,

And thank you for giving me a brand new day.

Thank you for giving me breath to breathe,

And for keeping the devil away from my dreams.

So as I stretch and open my eyes,

I prepare to follow for you are my guide.

Your concern for me, you will never sever,

Because you promised your faithful love continues forever.

I may not know what this day will bring,

But I ask that you continue to keep me safe in the shadow of your wings.

 In Jesus name, Amen

Written by DeShunda S. Brown

December 2007 © Copyright

YOU BE KILLING “EM: ROUGH SEX/ORAL SEX

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Millions of people enjoy rough sex.  However the long-term health problems associated with rough sex can be life threatening.  Women are at risk for cervical cancer, early hysterectomy, miscarriages, thinning of the uterine wall, and a host of other consequences.  These problems may not surface until later on in life and may not be reversible.

According to NPR (National Public Radio)64 percent of cancers of the oral cavity, head, and neck in the U.S. are caused by human papillomavirus (HPV), which is commonly spread via oral sex.  This cancer is caused by HPV (Human Papillomavirus).

Even if you are in a monogamous relationship, think about the long-term effects of rough and oral sex.  It may feel good to you at the moment and long-term effects may be the last thing that you are thinking about but it is well worth the thought. It can save you a life time of pain and suffering.

INGREDIENTS FOR MAKING LOVE

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INGREDIENTS FOR MAKING LOVE 

Let’s make a hot batch of  love, 

the main ingredient is the blessing from the man above.

Then we have to add ½ pound of tender kisses,

and a big cup of heavenly wishes.

 5 tablespoons of concern, and 6 tablespoons of consideration,

2 cups of encouragement and 3 cups of motivation.

 6 cups of loyalty mixed with 6 cups of trust,

be sure to add 6 cups of devotion, cause when you are making love, that is a must.

 1 pint of sweat and 2 pints of tears,

you can add 10 cups of that other stuff that I like to call years.

 3 quarts of tolerance and 4 cups of patience,

5 quarts of understanding because of the demand for what you are making.

 13 gallons of unconditional love must go into the mix,

add equal parts of flexibility, so your love wont get stiff.

 Add 3 cups of water for those rainy days,

to 6 cups of sunshine for when the rain goes away.

Some add 11 teaspoons of trials and tribulations, just enough to taste,

because when you don’t add that ingredient, it tends to taste a little fake.

Add 12 cups of passion, 12 cups of care

and 14 cups of loving-kindness to compliment all the years.

I like to add 10 cups of power, 10 cups of strength, and 14 cups of confidence to block out societies over-cooked nonsense.

Add 1 gallon of sincerity, gentleness, and peace,

put 2 gallons of honesty, 2 gallons of respect, so the trust will never cease.

Include 4 pounds of creativity so your love can stay fresh, and some faithfulness and some self-control, so your love wont be a mess.

Be sure to add some knowledge and some wisdom, you know, just for good sense, throw in some goodness and some joy with a dash a guidance.

Don’t forget the equality and freedom make each about 7 cups, and you can’t really be a love maker without adding any hugs.

You could put a handful of protection and some ambition too;

throw in some inspiration so all the ingredients can stick like glue.

Mix it all together, make sure you mix it well,

this is not a secret recipe, so be sure to show and tell.

Spread it out thick, get it all over your heart,

set your soul on high, and get your spirit ready to start.

Cook it for 24 hours, let it simmer for a while,

this meal will fill your stomach, it will carry you for miles.

So may this recipe fit into your life, like a hand fits a glove,

So that you too can call yourself a wonderful maker of love.

* This recipe includes the Fruits of the Spirit.

 Written By: DeShunda Brown 12/2007

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