United States v. Fisher

WILLIAMS, Circuit Judge,

with whom

HAMILTON, Circuit Judge, joins, dissenting from the denial of rehearing en banc.

Edward Dorsey pled guilty to distribution of 5.5 grams of crack cocaine for conduct that occurred prior to the passage of the Fair Sentencing Act of 2010 (“FSA”). He was sentenced on September 10, 2010, after its enactment. The panel found that under the General Saving Statute, 1 U.S.C. § 109, the FSA was not “retroactive” to those whose sentences were pending at the time of the FSA’s enactment, and that the relevant date for application of the FSA is the date of conduct. United…