Hinds: Post-FSA Sentencing qualifies for FSA lower minimums

In U.S. v. Hinds, No. 11-16048 (April 9, 2013), the Court held that the Fair Sentencing Act (FSA)’s lower mandatory minimum term applied to a defendant who was resentenced after the FSA took effect. The Court noted that it had not addressed whether the FSA applied to a defendant who was resentenced (as opposed to originally sentenced) post-FSA. Finding "no meaningful difference between an initial sentence and a resentencing post-Act," the Court held that the FSA applied to Hinds, and vacated Hinds’ sentence and remanded for resentencing.