United States v. Campbell, No. 10-3002 (7th Cir. 2011)
Annotate this CaseConvicted of distributing crack cocaine, Count 1 involving distribution of five or more grams, and Count 2 encompassing distribution of 50 or more grams, defendant faced a statutory minimum sentence of 10 years' imprisonment on Count 1, and a statutory minimum of 20 years on Count 2. The court imposed the statutory minimum on both counts, to be served concurrently. The Fair Sentencing Act of 2010 was signed into law 17 days before sentencing and, if applied to the convictions, would have lowered the mandatory minimum sentence for Count 2, and have eliminated any mandatory minimum sentence on Count 1. The Seventh Circuit affirmed. The Act did not apply to conduct that pre-dated its enactment. The district court did not deny defendant the right to represent himself in violation of the Sixth Amendment; he waived his request by subsequent conduct and responses.
The court issued a subsequent related opinion or order on December 13, 2012.
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