United States v. Caper, No. 10-14332 (11th Cir. 2013)
Annotate this CaseDefendants Capers, Frederick and Little appealed their convictions stemming from drug offenses. Capers and Little also appealed their sentences. The government conceded, and the court agreed, that the district court erred when it determined that the Fair Sentencing Act (FSA), 21 U.S.C. 841, did not apply to Capers' and Little's respective sentencing guidelines calculations because their crimes were committed prior to the FSA being passed. Therefore, the court affirmed Frederick's convictions and sentences; affirmed Capers' convictions but vacated his sentence and remanded for resentencing under the FSA; and affirmed Little's convictions, vacated his sentence, and remanded for resentencing under the FSA.
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