Even though the defendant committed the offense of possessing five or more grams of crack cocaine before the Fair Sentencing Act – which eliminated the five-year minimum sentence for the offence – was signed into law, the defendant was not subject to the minimum 5-year sentence because the sentencing occurred after the law went into effect and the U.S. Supreme Court has ruled that the Fair Sentencing Act applies retroactively.
Sentence is vacated and remanded.
U.S. v. Duncan (MLW No. 63947/Case No. 10-3737 – 2 pages) (U.S. Court of Appeals, 8th Circuit, Bye, J.) Appealed from U.S. District Court District of Nebraska, Smith Camp, J. (Andrew J. Hilger, Omaha, Nebraska, for appellant) (Susan T. Lehr and Deborah R. Gilg, Omaha, Nebraska, for appellee).