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Mon Jun 27, 2022, 09:15 AM

Concepcion v. US: Courts can consider intervening changes of law or fact to reduce sentences

Sotomayor, Thomas, Breyer, Kahan, and Gorsuch in the majority.

Kavanaugh dissents, joined by the Chief Justice, Alito and Barrett.


Concepcion is a case about whether, when a court is deciding whether to resentence a defendant under the First Step Act, which gives federal district courts power to resentence offenders in light of changes in the Fair Sentencing Act of 2010, a district court must or may consider intervening developments, or whether such developments only come into play (if at all) after courts conclude that a sentence reduction is appropriate.


The Court holds that the First Step Act allows district courts to consider intervening changes of law or fact in exercising their discretion to reduce a sentence.


https://www.scotusblog.com/case-files/cases/concepcion-v-united-states/

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