United States v. Black, No. 13-6228 (4th Cir. 2013)Annotate this Case
Defendant was convicted of conspiracy to traffic in more than 50 grams of crack cocaine and was sentenced to the statutory minimum of 120 months' imprisonment. On appeal, defendant challenged the district court's denial of his motion to modify his sentence under the Fair Sentencing Act (FSA), 18 U.S.C. 3582(c)(2). The court affirmed the judgment, concluding that the statutory minimum sentences in the FSA did not apply to a defendant sentenced before the Act's effective date. The court rejected defendant's argument that a section 3582(c)(2) proceeding conducted after the effective date of the FSA provided a vehicle by which to apply the reduced minimum sentences in the FSA to him.