Narrative Opinion Summary
Timothy Moses pleaded guilty to distributing 56 grams of crack cocaine in June 2009, violating 21 U.S.C. § 841(a)(1). At that time, he faced a mandatory minimum prison sentence of 10 years under the then-applicable statute, 21 U.S.C. § 841(b)(1)(A). Moses appealed his sentence, arguing that the district court should have applied the lower minimum sentence of 5 years established by the Fair Sentencing Act of 2010, which he claimed would have applied had his offense occurred after the Act's enactment on August 3, 2010. However, the court ruled that the Fair Sentencing Act does not retroactively apply to offenses committed before its enactment, even if sentencing occurs after that date. This precedent is supported by previous rulings in United States v. Fisher and other cases. Consequently, the district court's decision to sentence Moses under the prior version of the statute was affirmed.
Legal Issues Addressed
Application of Sentencing Lawssubscribe to see similar legal issues
Application: The court determined that the sentencing laws in effect at the time of the offense apply, not those enacted after the offense occurred.
Reasoning: However, the court ruled that the Fair Sentencing Act does not retroactively apply to offenses committed before its enactment, even if sentencing occurs after that date.
Mandatory Minimum Sentencessubscribe to see similar legal issues
Application: The court upheld the imposition of a 10-year mandatory minimum sentence under the statute in effect at the time of the offense.
Reasoning: At that time, he faced a mandatory minimum prison sentence of 10 years under the then-applicable statute, 21 U.S.C. § 841(b)(1)(A).
Retroactivity of Statutessubscribe to see similar legal issues
Application: The Fair Sentencing Act of 2010 was held not to have retroactive effect on offenses committed prior to its enactment.
Reasoning: However, the court ruled that the Fair Sentencing Act does not retroactively apply to offenses committed before its enactment, even if sentencing occurs after that date.