Episode description

In 2008, Carlos Concepcion pleaded guilty to crack cocaine charges, and in 2009 he was sentenced to 228 months in prison. While he was serving his sentence, Congress passed the Fair Sentencing Act, which reduced the statutory penalties for most federal crimes involving crack cocaine. In 2018, Congress made these changes retroactive, and Concepcion moved for resentencing. The district court denied his motion, and Concepcion appealed. The U.S. Court of Appeals affirmed, finding that the district court was not obligated to update and reevaluate the sentencing factors.

The case was decided on June 27, 2022. The Court held that The First Step Act allows district courts to consider intervening changes of law or fact in exercising their discretion to reduce a sentence. Justice SOTOMAYOR delivered the opinion of the Court, in which Justices THOMAS, BREYER, KAGAN, and GORSUCH joined. Justice KAVANAUGH filed a dissenting opinion in which Chief Justice ROBERTS and Justices ALITO and BARRETT joined.

Credit: Oyez, LII Supreme Court Resources, Justia Supreme Court Center, available at: https://www.oyez.org/cases/2021/20-1650