United States v. Bailey

Bailey pled guilty in 2011 to distributing crack cocaine and agreed to a prison sentence of 240 months. The agreement allowed Bailey to seek to modify his sentence if Congress or the Supreme Court determined that the Fair Sentencing Act of 2010 should apply to cases like his. The district court accepted the plea. Bailey did not appeal. In 2012 the Supreme Court decided Dorsey v. United States, holding that the FSA should apply where the crimes were committed before the FSA took effect but sentence was imposed after it took effect. The time for direct appeal had expired. In 2013 Bailey moved for a reduced sentence. The district court denied relief using a form order designed for motions under 18 U.S.C. 3582(c)(2), which authorizes reductions of sentences when the Sentencing Commission has retroactively amended a relevant guideline. The Seventh Circuit reversed and remanded with instructions to proceed under 28 U.S.C. 2255 by vacating his sentence and holding a new sentencing hearing, The parties negotiated Bailey’s sentence under the impression that he was subject to a mandatory minimum sentence of 20 years. It is now clear that he was subject to a mandatory minimum sentence of 10 years. View "United States v. Bailey" on Justia Law