United States v. Gamble, No. 11-2228 (8th Cir. 2012)
Annotate this CaseDefendant David Gamble appealed from his sentence of 188 months' imprisonment for conspiracy to distribute at least five grams of cocaine base, arguing that the district court erred in not applying the Fair Sentencing Act (FSA) to his case. The conduct underlying Gamble's sentence occurred before the FSA went into effect, but Gamble's sentencing was after this date. The Eighth Circuit Court of Appeals reversed under Dorsey v. United States, in which the Supreme Court held that the FSA applies where the defendant committed the crime before, but was sentenced after, the FSA went into effect. Dorsey abrogated the Eighth Circuit's case, United States v. Sidney, which held that the FSA does not apply retroactively. Remanded.
Court Description: Criminal case - Sentencing. Reversed for resentencing under Dorsey v. United States, 567 U.S. ___, (2012).
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