The justices will examine a provision meant to spare low-level, nonviolent drug dealers who agree to plead guilty from having to face often longer mandatory sentences.
on Oct. 2, the first day of its new term. What the justices decide could affect thousands of prison sentences each year., indeed means “and” or whether it means “or.” Even an appellate panel that upheld a longer sentence called the structure of the provision “perplexing.”It’s the kind of task the justices — and maybe their English teachers — love.
The provision lists three criteria for allowing judges to forgo a mandatory minimum sentence that basically look to the severity of prior crimes. Congress did not make it easy by writing the section in the negative so that a judge can exercise discretion in sentencing if a defendant “does not have” three sorts of criminal history.
Now 61, Pulsifer is not scheduled to be released from prison until 2031, according to federal Bureau of Prison records. But in San Diego, Eric Lopez had about 45 pounds of meth on him when he was arrested qualified for the safety valve, despite his own earlier conviction, and avoided an additional year behind bars. U.S. District Judge James Lorenz wrote in Lopez’s case that the law was ambiguous.Linguists who specialize in the law submitted a brief in which they wrote that surveys they conducted found people thought the language was either ambiguous or should be read the way Pulsifer’s legal team argues.
United States Latest News, United States Headlines
Similar News:You can also read news stories similar to this one that we have collected from other news sources.
ProPublica Report Questions Clarence Thomas’ Impartiality In Upcoming Supreme Court CaseSee multiple perspectives from ProPublica, Newsweek, and Fox News (Online News) at AllSides.com.
Read more »
Newsom defends 'paralyzed' California officials in asking Supreme Court to intervene on homeless encampmentsGov. Gavin Newsom asked the Supreme Court to intervene, claiming California city leaders face an 'unsurmountable roadblock' in clearing homeless encampments.
Read more »
Supreme Court to deliberate on the ambiguity of 'And' in criminal sentencing lawIn particular, the justices will be examining a so-called safety valve provision that is meant to spare low-level, nonviolent drug dealers who agree to plead guilty and cooperate with prosecutors from having to face often longer mandatory sentences.
Read more »
Following the money: How the Washington Supreme Court changed how the state funds educationIn what became known as 2012’s 'McCleary Decision,' the Washington Supreme Court ruled the state was not properly funding education.
Read more »
Justice Samuel Alito Is Just Begging for Regulations on the Supreme CourtHis defiance over ethics concerns only drives home their importance, and how much more robust standards need to be applied to the high court.
Read more »