Friday, September 09, 2011

Ruff justice is not so rough



Today in United States v. Michael Ruff , the Sixth Circuit blithely said the Fair Sentencing Act (FSA) is not retroactive and cited Carradine. There is no sentencing date mentioned in the opinion. HOWEVER, note the case number starts with "08," which means the appeal was docketed in 2008. You can't appeal before you've been sentenced, so this is a pre-enactment sentencing case along the same lines as Carradine.

No reason to be alarmed. Move along.

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