Concepcion v. United States
U.S. Supreme Court · decided June 27, 2022 · Supreme Court Database (Spaeth)
- Decided
- June 27, 2022
- Term
- October Term 2021
- Vote
- 5–4
- Majority author
- Justice Sotomayor
- Issue area
- Criminal Procedure
- Disposition
- Reversed and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
Opinion excerpt
PRELIMINARY PRINT Volume 597 U. S. Part 2 Pages 481–506 OFFICIAL REPORTS OF THE SUPREME COURT June 27, 2022 Page Proof Pending Publication REBECCA A. WOMELDORF reporter of decisions NOTICE: This preliminary print is subject to formal revision before the bound volume is published. Users are requested to notify the Reporter of Decisions, Supreme Court of the United States, Washington, D.C. 20543, pio@supremecourt.gov, of any typographical or other formal errors. OCTOBER TERM, 2021 481 Syllabus CONCEPCION v. UNITED STATES certiorari to the united states court of appeals for the rst circuit No. 20–1650. Argued January 19, 2022—Decided June 27, 2022 Congress passed the Fair Sentencing Act of 2010 to correct the wide dis- parity between crack and powder cocaine sentencing. Section 2 of that Act increased the amount of crack cocaine needed to trigger a 5-to-40- year sentencing range from 5 grams to 28 grams. § 2(a)(2), 124 Stat. 2372. The Fair Sentencing Act did not apply retroactively, but in 2011, the Sentencing Commission amended the Sentencing Guidelines to lower the Guidelines range for crack-cocaine offenses and applied that reduction retroactively for some defendants. In 2018, Congress en- acted the First Step Act, authorizing district courts to “impose a re- duced sentence” on defendants serving sentences for certain crack- cocaine offenses “as if sections 2 and 3 of the…
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