It's no secret that the Sixth Circuit is having some trouble with crack sentencing. But it's not just Fair Sentencing Act changes, or retroactivity, or their own muddled precedent that they keep botching. They're also having issues with differentiating a felony from a misdemeanor for purposes of priors and with statutes of limitations.
To be fair, this is all North Carolina's fault. Their determinative sentencing scheme, which takes into account past crimes, the nature of the present crime, and other individualized factors to determine an appropriate sentence is far more complicated than "give 'em a few decades." And the Sixth Circuit isn't the only circuit to struggle with NC's sentencing; the Fourth, being more local, has gone back-and-forth on the issue.