United States v. Berry, No. 11-51050 (5th Cir. 2012)
Annotate this CaseDefendant pleaded guilty to possession of more than five grams of cocaine base. Defendant subsequently appealed his sentence under the Fair Sentencing Act of 2010 (FSA), 21 U.S.C. 844(a), because the conduct giving rise to the offense took place before August 19, 2008, the date of defendant's initial indictment. The court held that defendant's five-year term of imprisonment exceeded the maximum term of imprisonment authorized by the post-FSA version of 21 U.S.C. 844(a). Furthermore, defendant's three-year term of supervised release exceeded the maximum authorized term of supervised release. Accordingly, the court vacated the sentence and remanded for resentencing.
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