Whitney Atkinson v. United States
FifthAmendment HabeasCorpus JusticiabilityDoctri
Did Mr. Atkinson receive a sentence for a covered drug offense, such that he should be eligible for retroactive application of the Fair Sentencing Act, in accordance with the provisions of the First Step Act, when the record reveals enhancement of Mr. Atkinson's sentence to account for the then-applicable five-year mandatory minimum sentence for a crack-cocaine charge against him that was ultimately dismissed?
QUESTION PRESENTED Did Mr. Atkinson receive a sentence for a covered drug offense, such that he should be eligible for retroactive application of the Fair Sentencing Act, in accordance with the provisions of the First Step Act, when the record reveals enhancement of Mr. Atkinson’s sentence to account for the then-applicable five-year mandatory minimum sentence for a crack-cocaine charge against him that was ultimately dismissed? i