Important and impressive Fifth Circuit ruling concerning crack retroactivity

A helpful reader alerted me to an important and impressive opinion concerning crack retroactivity issues from the Fifth Circuit, US v. Robinson, No. 08-10424 (5th Cir. Sept. 10, 2008) (available here).  Here is the reader’s effective summary:

This opinion is by the Fifth Circuit regarding the right to an attorney in a crack retroactive amendment hearing. The defendant had been sentenced for a crack offense over a decade ago and applied for a reduction of his sentence under the retroactive amendment. In doing so, he also requested an attorney to represent him.  The government responded with a complex, 25-page sentencing memorandum.  The government contended, among other things, that the defendant was not entitled to an attorney and that he should receive no greater than a five-month reduction — he could have received up to a 40-month reduction.  The next day, the district court issued a short order granting the defendant a five-month sentence reduction.  The defendant then appealed and again asked for an attorney. The sole question before this panel was whether the defendant should be appointed counsel to represent him on appeal. The court answers that question in the affirmative. In reaching that result, the court covers a lot of interesting ground.