The Sixth Circuit’s decision in United States v. Blewett that the new lower minimum thresholds for crack offenses applies retroactively to otherwise-final sentences under the Equal Protection Clause for incarcerated offenders has attracted lots of attention.  As reported at the Sentencing Law & Policy blog, the government is seeking en banc review of the decision, arguing that the decision conflicts with prior Sixth Circuit decisions as well as every other circuit to address the issue (a copy of the petition is here).

Given the circuit’s recent history with the crack/cocaine disparity (see here), this will be an interesting petition to watch.