Filed: Jul. 10, 2012
Latest Update: Jul. 10, 2012
Summary: ORDER KRISTI K. DuBOSE, District Judge. This matter is before the Court on a sua sponte review of the record. On April 15, 2011, this Court sentenced Defendant Rodney Lamon Lutin to a 51-month term of imprisonment for distributing and possessing with the intent to distribute crack cocaine. (Doc. 43). Approximately 14 months later, on June 21, 2012, the United States Supreme Court held that the Fair Sentencing Act of 2010, which raised the quantities of crack cocaine required to trigger mand
Summary: ORDER KRISTI K. DuBOSE, District Judge. This matter is before the Court on a sua sponte review of the record. On April 15, 2011, this Court sentenced Defendant Rodney Lamon Lutin to a 51-month term of imprisonment for distributing and possessing with the intent to distribute crack cocaine. (Doc. 43). Approximately 14 months later, on June 21, 2012, the United States Supreme Court held that the Fair Sentencing Act of 2010, which raised the quantities of crack cocaine required to trigger manda..
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ORDER
KRISTI K. DuBOSE, District Judge.
This matter is before the Court on a sua sponte review of the record.
On April 15, 2011, this Court sentenced Defendant Rodney Lamon Lutin to a 51-month term of imprisonment for distributing and possessing with the intent to distribute crack cocaine. (Doc. 43). Approximately 14 months later, on June 21, 2012, the United States Supreme Court held that the Fair Sentencing Act of 2010, which raised the quantities of crack cocaine required to trigger mandatory minimum penalties under 21 U.S.C. § 841(b)(1), applies to all defendants sentenced after the Act's effective date of August 3, 2010, even those whose conduct occurred before that date. Dorsey v. United States, Nos. 11-5683; 11-5721, 2012 WL 2344463 (U.S. June 21, 2012).
Trial counsel for the Defendant is hereby ORDERED to file on or before Tuesday, July 24, 2012, a brief that addresses whether, in light of Dorsey, Defendant may be entitled to any relief, and, if so, the procedural mechanism by which such relief may be obtained. The Government shall respond to Defendant's brief on or before Tuesday, August 7, 2012.
The Clerk is DIRECTED to send a copy of this Order to Defendant by U.S. Mail.
DONE and ORDERED.
