United States v. Frazier
Opinion of the Court
Troy L. Frazier pleaded guilty to distribution of 50 grams or more of cocaine base. The district court imposed the man
The FSA, which became effective on August 3, 2010, amended the Controlled Substances Act and Controlled Substances Import and Export Act by resetting the drug quantities required to trigger mandatory minimum sentences. FSA, Pub.L. No. 111-220, § 2(a)(1), 124 Stat. 2372 (Aug. 3, 2010). Among other things, it amended § 841(b)(l)(A)(iii), by increasing from 50 grams to 280 grams the amount of crack cocaine a defendant must possess before he is subject to a ten-year mandatory minimum sentence. Id.
In the instant case, there is no question that Congress repealed and replaced § 841 (b)(1)(A)(iii), by enacting the FSA. However, the FSA is silent on the issue of retroactivity. See FSA, Pub.L. No. Ill— 220, § 2(a)(1), 124 Stat. 2372 (Aug. 3, 2010). Frazier argues that the retroactivity issue has not been addressed in this circuit. Subsequent to the filing of Frazier’s brief, this court issued a published decision holding that the FSA does not apply to defendants who were sentenced prior to its enactment. See United States v. Doggins, 633 F.3d 379, 384 (5th Cir. 2011).
AFFIRMED.
Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under
Reference
- Full Case Name
- United States v. Troy L. FRAZIER
- Cited By
- 1 case
- Status
- Published