USA v. Derek Griffin, No. 10-3719 (7th Cir. 2012)

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NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 August 17, 2012 Before ILANA DIAMOND ROVNER, Circuit Judge DIANE P. WOOD, Circuit Judge TERENCE T. EVANS, Circuit Judge* No. 10-3719 UNITED STATES OF AMERICA, Plaintiff-Appellee, v. DEREK GRIFFIN, Defendant-Appellant. ] ] ] ] ] ] ] Appeal from the United States District Court for the Central District of Illinois. No. 10 CR 10019 Joe Billy McDade, Judge. ORDER Derek Griffin pleaded guilty to possessing with the intent to distribute five grams or more of crack cocaine, see 21 U.S.C. § 841(a)(1), and he was sentenced to a prison term of 120 months, the statutory minimum term required at the time Griffin committed the offense, see § 841(b)(1)(B)(iii) (2009). The district court rejected Griffin s contention that he should be sentenced pursuant to the Fair Sentencing Act of 2010, 124 Stat. 2372 ( FSA ), * Circuit Judge Evans died on August 10, 2011, and did not participate in the decision of this case on remand from the Supreme Court. The case is now being resolved by a quorum of the panel under 28 U.S.C. § 46(d).

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