United States Ninth Circuit

Sentencing of defendant to a statutorily mandated, five-year minimum sentence following his guilty plea to conspiracy to possess crack cocaine with intent to distribute, and distribution of at least five grams of crack cocaine, 21 U.S.C.sections 846 and 841(a)(1), is affirmed where the Fair Sentencing Act (Act) does not apply to ameliorate defendant's sentence because the Act does not have retroactive application.

Appellate Information

• Decided 06/02/2011
• Published 06/02/2011

Judges

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Brian A. Newman, Jean-Claude Andre