On October 9, 2013, that United States Court of Appeals for the Sixth Circuit heard en banc oral arguments in the case of United States v. Blewett, et al., Case Nos. 12-5226 and 12-5582. The issue was whether the Fair Sentencing Act of 2010 should be given complete retroactive effect. In other words, should the FSA be applied to defendants whose criminal conduct and whose sentencing hearings both pre-date the signing into law of the FSA on August 3, 2010? Frank W. Heft, Jr. of the Western Kentucky Federal Community Defender, Inc. argued for the defendants; Terry M. Cushing argued for the government; and Vincent M. Southerland argued for one of the amici, the NAACP Legal Defense and Educational Fund, Inc. Other amici in the case were the National Association of Criminal Defense Lawyers represented by Prof. Douglas A. Berman and Candace C. Crouse, and the Office of the Federal Public Defender for the Northern District of Ohio, represented by Jeffrey B. Lazarus. The en banc oral argument is available on this website through the Audio Library segment of the website here. We will post the opinion as soon as the Court of Appeals issues it.