United States v. Lee, No. 10-2989 (8th Cir. 2012)
Annotate this CaseA jury convicted Appellants, Ferris Lee, Maurice Forest, and Marcus Royston, of various drug-related offenses. The district court sentenced Lee to 540 months imprisonment, Forest to a statutory mandatory minimum of 120 months imprisonment, and Royston to a statutory mandatory minimum life sentence. On appeal, Appellants raised numerous challenges to their convictions, and Forest and Royston challenged their sentences. The Eighth Circuit Court of Appeals (1) affirmed the district court's judgment and sentence as to Lee; and (2) affirmed Forest's and Royston's convictions, but vacated their sentences, holding that the Fair Sentencing Act (FSA) was applicable in these cases, and therefore, the revised statutory penalties should have applied to their sentences. Remanded for resentencing pursuant to the FSA.
Court Description: Criminal case - Criminal law and Sentencing. Evidence was sufficient to support all of the defendants' convictions for drug-related offenses, including distribution, conspiracy and continuing criminal enterprise; no error in admitting evidence of Royston's prior drug conviction; admission of transcripts of recordings including Royston's name and initials was a mistake, but it did not require a new trial as the error was harmless; district court erred in ruling that the Fair Sentencing Act did not apply, and Forrest's and Royston's sentences are vacated and remanded for further proceedings pursuant to Dorsey v. United States , 132 S. Ct., 2321 (2012).
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