Legal Opinion
United States v. Yale Augustine
Court of Appeals for the Ninth Circuit
Decided April 3, 2013No. 12-50061PublishedCited by 32 opinions
1Opinion of the Court
OPINION
HURWITZ, Circuit Judge:
In the Fair Sentencing Act of 2010 (“FSA”), Pub.L. No. 111-220, 124 Stat. 2372, Congress addressed the inequitable disparity between the sentences prescribed for crack and powder cocaine offenses. The question in this case is whether a defendant sentenced for a crack cocaine offense before the FSA was enacted is eligible for a reduced sentence under 18 U.S.C. § 3582(c)(2). We hold, consistent with all circuits to have addressed the issue, that the FSA’s lowered mandatory mínimums are not available to such individuals.
I
On October 10, 2007, after pleading guilty to…
2Cases cited13 opinions
- Kimbrough v. United StatesSupreme Court of the United States · 2007
- Dorsey v. United StatesSupreme Court of the United States · 2012
- Federal Communications Commission v. Fox Television Stations, Inc.Supreme Court of the United States · 2012
- Patricia Hart v. Larry G. Massanari, Acting Commissioner of Social Security AdministrationCourt of Appeals for the Ninth Circuit · 2001
- United States v. German Espinoza Montero-Camargo, United States of America v. Lorenzo Sanchez-GuillenCourt of Appeals for the Ninth Circuit · 2000
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3Cited by32 opinions
- United States v. Jarreous BlewittCourt of Appeals for the Sixth Circuit · 2013
- O'Bannon v. National Collegiate Athletic Ass'nCourt of Appeals for the Ninth Circuit · 2015
- United States v. Darnell BlackCourt of Appeals for the Fourth Circuit · 2013
- United States v. Teniah TerceroCourt of Appeals for the Ninth Circuit · 2013
- United States v. Darren SwanginCourt of Appeals for the D.C. Circuit · 2013
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