United States Fourth Circuit

The district court's denial of defendant's motion to modify his sentence of the statutory minimum of 120 months' imprisonment for conspiracy to traffic in more than 50 grams of crack cocaine, to the revised minimum under the Fair Sentencing Act, enacted three years later, is affirmed, where: 1) the statutory minimum sentences in the Fair Sentencing Act do not apply to a defendant sentenced before the Act's effective date; and 2) a proceeding conducted after the effective date of the Fair Sentencing Act does not provide a vehicle by which to apply the reduced minimum sentences in the Fair Sentencing Act to defendant.

Appellate Information

• Decided 12/06/2013
• Published 12/06/2013

Judges

• NIEMEYER

Court

• United States Fourth Circuit

Counsel