Sonia Sotomayor on Drugs

	Sonia Sotomayor on Drugs

Reduce crack sentences to follow powder-vs.-crack changes.

Justice Sotomayor wrote the concurrence on FREEMAN v. UNITED STATES on Jun 23, 2011:

The defendant entered into an agreement with the prosecution to plead guilty to crack cocaine possession. Following this plea, the sentencing guidelines federal judges must consider when they impose prison terms were retroactively revised to lower the prison time required in crimes involving cocaine base [crack cocaine], which were higher than those for powder cocaine. The law permitted defendants who were sentenced based upon the old guideline to seek the lower prison sentence if the guideline was revised downward.

HELD: Delivered by KENNEDY, joined by GINSBURG, BREYER & KAGAN

The Court must determine whether this defendant may take advantage of the lowering of the sentencing guidelines for the [crack cocaine] offense he was sentenced for. Even though this defendant was sentenced in accordance with an agreement, the Court finds that district court judges have a duty to consider the sentencing guidelines at all times, includinwg when deciding whether to accept a guilty plea that is contingent upon one of these agreements. Since the guidelines are the starting point for all sentencing decisions, even a defendant who agrees to a sentence may seek to have his sentence revised after a guidelines change.

CONCURRED: SOTOMAYOR concurs in the judgment

A sentence under one of these agreements is based upon the agreement itself, not on the judge's calculation of the guidelines. However, the agreement in this case expressly used the guidelines sentencing range to establish the term of imprisonment. When an agreement uses the guidelines, a defendant may seek reduction of his prison term based upon a guideline revision.

DISSENT: ROBERTS dissents; joined by SCALIA, THOMAS & ALITO

A sentence based upon an agreement is based upon the agreement alone, whether or not the sentencing guidelines were considered, and a defendant so sentenced should not be allowed the opportunity for a sentencing revision when the guidelines are changed. Source: Supreme Court case 11-FREEMAN argued on Feb 23, 2011

Click here for definitions & background information on Drugs. Click here for a profile of Sonia Sotomayor. Wiki Profile of Sonia Sotomayor. Click here for VoteMatch responses by Sonia Sotomayor. Click here for AmericansElect responses by Sonia Sotomayor. Click here for all excerpts for Sonia Sotomayor.
*Other Justices on Drugs:*	*Sonia Sotomayor on other issues:*
Samuel Alito(since 2006) Amy Coney Barrett(since 2020) Stephen Breyer(since 1994) Neil Gorsuch(since 2017) Ketanji Brown Jackson(nominated 2022) Elena Kagan(since 2010) Brett Kavanaugh(since 2018) John Roberts(since 2005) Sonia Sotomayor(since 2009) Clarence Thomas(since 1991) *Former Justices:* Merrick Garland(nominated 2016) Ruth Bader Ginsburg(1993-2020) Anthony Kennedy(1988-2018) Antonin Scalia(1986-2016) John Paul Stevens(1975-2010) David Souter(1990-2009) Sandra Day O'Connor(1981-2006) William Rehnquist(1975-2005) *Party Platforms:* Democratic Platform Green Platform Libertarian Platform Natural Law Platform Reform Platform Republican Platform Tea Platform	Abortion Budget/Economy Civil Rights Corporations Crime Drugs Education Energy/Oil Environment Families/Children Foreign Policy Free Trade Govt. Reform Gun Control Health Care Homeland Security Immigration Infrastructure/Technology Jobs Principles/Values Social Security Tax Reform War/Iraq/Mideast Welfare/Poverty

Page last updated: Mar 21, 2022