United States v. Anthony Bailey

HAMILTON, Circuit Judge.

Anthony Bailey pled guilty in 2011 to distributing crack cocaine. He pled guilty under a binding plea agreement subject to Federal Rule of Criminal Procedure 11(c)(1)(C) and agreed to a prison sentence of 240 months. The agreement, however, allowed' Bailey to seek to modify his sentence if Congress or the Supreme Court later determined that the Fair Sentencing Act of 2010, Pub.L. No. 111-220, 124 Stat. 2372, should apply to cases like his.

The district court accepted the plea agreement and imposed the 240-month sentence. Bailey did not appeal, but the Supreme Court then…