Seventh Circuit -- USA v. Christopher Holcomb

USA v. Christopher Holcomb

Denial of en banc rehearing given President's direction to USA's that the FSA of 2010 applies to all sentencings after the effective date, without regard to date of the crime, further direct appeals, or post-sentencing matters in the District Court.

[Brisk and blithe reductions of  rich & extended opinions follow.]

Easterbrook: Only way to implement would be to issue commutations.  Parsing law is our gig.

Williams:  Three other circuits disagree; saving the Saving Act, judges have to sentence according to the latest ruling of the legislature;

Posner:  Statutes aren't to be interpreted literally if results are absurd [Holy Trinity not cited], old scheme unjust.

Interesting - Circuit split 50/50, as there's an even number of judges at the moment.