United States v. Swangin, No. 12-3018 (D.C. Cir. 2013)
Annotate this CaseDefendant pled guilty to possessing with intent to distribute 50 grams or more of cocaine base and subsequently appealed the district court's partial denial of his motion for a sentence reduction under 18 U.S.C. 3582(c)(2). Defendant argued that the district court should have applied the Fair Sentencing Act's, Pub. L. No. 111-220, 124 Stat. 2372, new 60-month mandatory minimum retroactively in his section 3582(c)(2) proceeding. The court concluded that defendant's argument was foreclosed by its decisions in United States v. Bigesby and United States v. Fields, which held that a defendant convicted and sentenced prior to the Act's effective date could not benefit from the Act's new mandatory minimums in a subsequent proceeding. Accordingly, the court affirmed the judgment.
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