Sheri Qualters reports in NLJ over a circuit split on discretion in resentencing.

A U.S. Court of Appeals for the 1st Circuit ruling giving district court judges resentencing discretion when a defendant meets career offender and crack cocaine guidelines expands a circuit split on the issue.

The 1st Circuit ruled on May 28 in U.S. v. Cardosa that trial judges have discretion to resentence criminal defendants who originally were sentenced in line with former crack cocaine sentencing guidelines, even if the defendant qualifies for career offender status....

The ruling followed similar decisions by the 2d, 9th and 11th circuits. The 8th and 10th circuits, by contrast, have not allowed resentencing.

Sounds certworthy to me.