Dorsey v. United States (2011)
- Docket
- 11-5683
- Decided
- 2011-01-01
Summary
Question: Is the FSA applicable when the criminal was sentenced after the FSA passed but the crime occurred prior to passage? Conclusion: Yes. In a 5-4 majority opinion by Justice Stephen G. Breyer, the Court held that the FSA's lower minimum sentences apply to offenders sentenced after the FSA's passage, even for crimes committed before its passage. In the Court's view, Congress clearly intended for the sentencing guidelines to apply to pre-Act offenders. The FSA is intended to create uniformity and proportionality in sentencing, a goal that would be undermined by applying the old sentencing guidelines after the Act's passage. Instead, applying the old sentencing guidelines would create the exact sentencing disparities that Congress tried to prevent with the FSA. Justice Antonin Scalia dissented, concerned with the majority's finding of clear congressional intent. Rather than search for congressional intent, Justice Scalia focused on the text of the general saving statute. The saving statute maintains that the repeal of any statute will not extinguish liability or penalties incurred while the statute was still in effect, unless Congress expressly allows otherwise. Justice Scalia found no express showing that Congress intended for the FSA to extend to those who committed crimes under the prior sentencing statute; therefore the defendants should not be subject to the FSA. Chief Justice John G. Roberts, Jr., Justice Clarence Thomas, and Justice Samuel A. Alito, Jr. joined in the dissent.