United States v. Baptist, No. 09-50315 (9th Cir. 2011)
Annotate this CaseDefendant appealed his statutorily mandated, five-year minimum sentence following his guilty plea to conspiracy to possess crack cocaine with intent to distribute, and distribution of at least five grams of crack cocaine under 21 U.S.C. 846 and 841(a)(1). At issue was whether the Fair Sentencing Act ("Act"), 21 U.S.C. 841, applied to a sentence that was imposed prior to the date of the new statute's enactment. The court held that it was compelled to affirm defendant's five-year mandatory minimum sentence where it could find no evidence that Congress intended for the Act to apply to defendants who had been sentenced prior to the August 3, 2010 date of the Act's enactment.
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