United States v. McIvery

SELYA, Circuit Judge.

This is a ease caught in a time warp. The government indicted the defendant under a legal regime that was modified by the subsequent passage of the Fair Sentencing Act of 2010 (FSA), Pub.L. No. ill-220, 124 Stat. 2372, and the adoption of its implementing sentencing guidelines. The district court accepted the defendant’s guilty plea and — relying on its authority under Harris v. United States, 536 U.S. 545, 122 S.Ct. 2406, 153 L.Ed.2d 524 (2002), to find the drug quantities needed to calibrate the sentencing scales — proceeded to sentence the defendant.

While this case was…