United States Third Circuit

Sentencing of defendant for conspiracy to distribute fifty grams or more of cocaine base, 21 U.S.C. Section 846, and receipt and possession of an unregistered firearm, 26 U.S.C. Section 5861(d), is vacated where the Fair Sentencing Act of 2010 does not apply retroactively to defendants who committed their crimes before the Act became law, but who were sentenced afterwards.

Appellate Information

• Decided 08/09/2011
• Published 08/09/2011

Judges

• FISHER

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Brett G. Sweitzer, Robert A. Zauzmer