United States v. Duncan, No. 10-3737 (8th Cir. 2012)
Annotate this CaseDefendant pleaded guilty to possessing five or more grams of crack cocaine. The offense occurred on October 6, 2009. On August 3, 2010, President Barack Obama signed the Fair Sentencing Act (FSA), which eliminated the five-year minimum sentence for offenses involving more than five grams of cocaine, into law. On November 22, 2010, the district court sentenced Defendant to sixty months' imprisonment, the applicable mandatory minimum for the offense at the time Defendant committed the offense. The Eighth Circuit Court of Appeals affirmed. On June 12, 2012, the Supreme Court held that the FSA applies retroactively to defendants who committed a crack cocaine crime before August 3, 2010 but were not sentenced until after that date. The Eighth Circuit subsequently granted Defendant's petition for rehearing, vacated Defendant's sentence, and remanded the case for resentencing consistent with the Supreme Court's ruling.
Court Description: Criminal Case - sentence. Case is remanded for resentencing pursuant to Supreme Court's decision in Dorsey v. United States, 132, S. Ct. 2321 (2012) finding provisions of Fair Sentencing Act retroactive.
This opinion or order relates to an opinion or order originally issued on December 12, 2011.
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