United States v. Thomas Fields

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

Convicted of distribution and possession with intent to distribute crack cocaine, appellant was sentenced before Congress passed the Fair Sentencing Act of 2010 (FSA), which reduced the disparity between the treatment of crack and powder cocaine. Appellant now claims that the FSA applies retroactively to him and that the district court erred in denying his motion to postpone sentencing until after passage of the Act. He also challenges the district court’s decision to impose two additional years of incarceration for his…