United States v. Blue

ORDER

Herman Blue and Daryl Miller each appeal from an order denying a second motion under 18 U.S.C. § 3582(c)(2) for a sentence reduction. Because the appeals present the identical issue, we have consolidated them for disposition.

Blue and Miller were sentenced for drug offenses involving crack cocaine, see 21 U.S.C. §§ 841(a)(1); 846, before enactment of the Fair Sentencing Act of 2010, Pub.L. No. 111-220, 124 Stat. 2372. Both defendants faced a statutory minimum higher than the guidelines imprisonment range that otherwise would have applied. Thus the statutory minimum (10 years for Blue, 20…