United States v. Smith, No. 10-15044 (11th Cir. 2011)Annotate this Case
Defendant pleaded guilty to possession with intent to distribute 50 grams or more of cocaine base and was sentenced to 127 months in prison. Defendant appealed his sentence and contended that an intervening decision showed that the district court erred by failing to apply the Fair Sentencing Act of 2010 (FSA) in determining his sentences. The court held that FSA claims, like any other type of sentence claim, could be waived by a knowing and voluntary appeal waiver. Therefore, the court affirmed the sentence where defendant waived his right to appeal his sentence.