The Justice Department is siding with the defendant in a crack sentencing case at the Supreme Court, representing a reversal from the previous administration's stance (article available here).
“Following the change in Administration, the Department of Justice began a process of reviewing the government’s interpretation of Section 404 of the First Step Act,” acting U.S. Solicitor General wrote in a letter to the Supreme Court on Monday, referring to the drug-sentencing provision at issue. “As a result of that review, the Department of Justice has concluded that petitioner’s conviction is a ‘covered offense’ under Section 404, that petitioner is entitled to request a reduced sentence, and that the court of appeals erred in concluding otherwise.”
The question now is how the court reacts to this agreement among the parties in the case set for argument April 20. Time is of the essence for Terry, who is set for release from prison on Sept. 22 barring sooner relief. After getting caught with 3.9 grams of crack and pleading guilty in 2008, he was sentenced to more than 15 years in prison.
In his own letter filed Monday by his Assistant Federal Public Defender, Terry said it would be unfair for the justices to delay deciding the issue due to the late-coming concession. The case affects “whether many low-level crack offenders continue to remain in custody,” Terry’s letter said.
The case is Terry v. United States, 20-5904.