The U.S. Justice Department came to agree with criminal defense lawyers on a key drug sentencing issue nearly three months ago, but some federal judges are not ready to accept that resolution of the dispute.
The full 11th U.S. Circuit Court of Appeals last week decided to take up a question about the scope of a 2010 federal statute designed to reduce the disparity between crack and powder cocaine sentences. The court’s decision to use its power of en banc review-usually doled out sparingly-is remarkable because the government has signed on to the defense position in the cases to be reheard.
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