United States v. Hill
Opinion of the Court
ORDER
The Fair Sentencing Act of 2010, which took effect on August 3, 2010, raised from 50 to 280 grams the amount of crack cocaine necessary to trigger a statutory minimum term of imprisonment of 10 years, and from 5 to 28 grams the amount needed to trigger a minimum term of 5 years. See Pub.L. No. 111-220, § 2(a),124 STAT. 2372, 2372 (2010); 21 U.S.C. § 841(b)(l)(A)(iii), (B)(iii).
In 2009, a jury found Corey Hill guilty of possessing 50 or more grams of crack with intent to distribute. See 21 U.S.C. § 841(a)(1). At sentencing, in December 2010, the district judge relied on our decision in United States v. Bell, 624 F.3d 803 (7th Cir. 2010), petition for cert. filed, - (U.S. Mar. 4, 2011) (No. 10-9409), and concluded that the Fair Sentencing Act did not apply retroactively to Hill. The judge thus sentenced Hill to 120 months in prison, which was the statutory minimum because his offense was committed before the Act took effect. The judge noted, however, that he would have imposed a term of 51 months if not for the statutory minimum.
Hill’s only argument on appeal is that the Fair Sentencing Act should apply to
Accordingly, we AFFIRM the judgment of the district court.
Reference
- Full Case Name
- United States v. Corey A. HILL
- Cited By
- 12 cases
- Status
- Published