Fifth Circuit Affirms Crack and Cocaine Sentence Reduction Under First Step Act

Federal law provided much tougher sentences for crack cocaine than powder cocaine offenses for more than twenty years.

In 2010, Congress started to fix this disparity with the Fair Sentencing Act, which decreased the penalties for crack, followed by the First Step Act in 2018, making the changes retroactive. What about people convicted of selling both crack and powder? Fifth Circuit: they are entitled to sentencing relief too. Though statutory eligibility does not extend beyond offenses involving crack, it isn’t limited to offenses involving only crack. District court's decision to reduce the sentence affirmed.

The case is United States v. Jonathan Winters, 20-30138 (5th Cir. Feb. 3, 2021).