Q: Can a drug conviction and sentencing under the 100:1 law be requested resentencing request under the new law of 18:1?
Was sentenced under 100:1 law for drug conspiracy. When sentencing law changed, case was never reviewed for new sentencing. Now, still serving time under 100:1. What are you suggestions? Also the Hinkle vs. US seems to be an appeal that would apply also. Please advise.
A: A case usually is not automatically reviewed. You should consult local counsel to determine if you have any rights for a modification. What I think you're alluding to is the Fair Sentencing Act. But Hinkle v. US is a 5th Circuit case that would not be binding on the 4th Circuit (Maryland). Your best bet for any relief is to consult with local counsel in the jurisdiction where your sentence was imposed.
A: Referring to my previous answer - the 5th Circuit would apply to Tennessee so you may have options. Again, consult local counsel.
A: Sorry again. Correction -- 5th circuit WOULD NOT apply to Tennessee.
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