United States v. Speed, No. 10-1532 (7th Cir. 2011)
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Defendant participated in a number of drug transactions involving the sale of a total of 74.2 grams of crack cocaine and was convicted of conspiracy to distribute more than 50 grams of cocaine base, distribution of more than 50 grams of cocaine base, and possession of more than five grams of cocaine base with intent to distribute (21 U.S.C. 841(a)(1)). 846. Because he had two prior state felony drug convictions, he received a mandatory sentence of life imprisonment without the possibility of parole. The Seventh Circuit affirmed. Defendant did not establish that no jury could have found him guilty. The Fair Sentencing Act of 2010, 21 U.S.C. 841(b)(1)(A)(iii), does not apply retroactively and the sentence does not violate defendant's equal protection or Eighth Amendment rights.
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