Sixth Circuit Hands Down En Banc Decision in United States v. Blewett

Readers may recall that I blogged about the outlandish Sixth Circuit panel decision on the retroactivity of the Fair Sentencing Act here, and I pointed out that the circuit vacated the panel decision to go en banc here. The en banc court handed down its opinions today, with Judge Sutton writing the majority opinion disagreeing with the panel decision. The overall vote was 10-7. Passions tend to run high in this area, which I believe explains the divided vote. But I think the majority is clearly right as a legal matter (which is the matter that matters, at least to me).