United States v. Tickles; United States v. Gibson, No. 10-30852 (5th Cir. 2011)
Annotate this CaseThe court considered these cases jointly without oral argument because they raised a single issue: whether defendants, who were convicted inter alia of possession with intent to distribute crack cocaine, were entitled to be sentenced according to the Fair Sentencing Act of 2010 (FSA), Pub. L. No. 111-220, 124 Stat 2372, when their illegal conduct preceded the FSA but their sentencing proceedings occurred post-enactment. The court held that the penalties described by the FSA did not apply to federal criminal sentencing for illegal conduct that preceded the FSA's enactment. Therefore, the sentences imposed by the district courts in each of these cases were affirmed.
The court issued a subsequent related opinion or order on August 15, 2012.
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