Antwone Shaw v. United States

OPINION

JANE B. STRANCH, Circuit Judge.

Antwone Shaw sought re-sentencing under Dorsey v. United States, — U.S. -, 132 S.Ct. 2321, 183 L.Ed.2d 250 (2012), by filing a motion to correct his sentence under 28 U.S.C. § 2255. Shaw argued that the Fair Sentencing Act (FSA) took effect before he was sentenced, entitling him to the benefit of the five-year, not the ten-year, statutory minimum sentence. Because applying the FSA’s lower statutory minimum would not have resulted in a lower sentence for Shaw, we AFFIRM the district court’s denial of the § 2255 motion.

I. BACKGROUND

In late July 2010, Shaw…