USA v. Paul David Morman, III, No. 11-10275 (11th Cir. 2012)
Annotate this Case
Download PDF
Case: 11-10275 Date Filed: 09/18/2012 Page: 1 of 3 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 11-10275 Non-Argument Calendar ________________________ D. C. Docket No. 8:09-cr-00038-VMC-TBM-1 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus PAUL DAVID MORMAN, III, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Middle District of Florida ________________________ (September 18, 2012) Before PRYOR, FAY and EDMONDSON, Circuit Judges. Case: 11-10275 Date Filed: 09/18/2012 Page: 2 of 3 PER CURIAM: Defendant-Appellant Paul David Morman III appeals his 60-month sentence for distribution of cocaine base, in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(B)(iii). Mormon argues that the district court erred by sentencing him to the mandatory minimum in effect at the time of his crime instead of the mandatory minimum provided in the Fair Sentencing Act of 2010 ( FSA ). Morman s offense conduct -- the sale of 24.6 grams of cocaine base to a confidential source -- occurred in 2008; his sentencing hearing was held on 5 January 2011. The FSA had an effective date of 3 August 2010. Morman argued at his sentencing hearing and argues again on appeal that he is entitled to the benefit of the FSA s reduced mandatory minimums. Under the changes effected by the FSA, the 24.6 grams of cocaine base would not trigger the 5-year mandatory minimum that was applied to him at sentencing. Compare 21 U.S.C. § 841(b)(1)(B)(iii) (2010) (prescribing 5-year mandatory minimum for 28 or more grams) with 21 U.S.C. § 841(b)(1)(B)(iii) (2008) (triggering a 5-year mandatory minimum for 5 or more grams). The Supreme Court s recent decision in Dorsey v. United States, 132 S.Ct. 2321 (2012), is decisive for the issue raised in this appeal. In Dorsey, the Supreme 2 Case: 11-10275 Date Filed: 09/18/2012 Page: 3 of 3 Court conclude[d] that Congress intended the Fair Sentencing Act s new, lower mandatory minimums to apply to the post-Act sentencing of pre-Act offenders. Id. at 2335. Under Dorsey, the more lenient mandatory minimums set out in the Fair Sentencing Act apply to Morman s post-Act sentencing for pre-Act offense conduct. We vacate Morman s sentence and remand for resentencing consistent with Dorsey. VACATED AND REMANDED. 3
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
