United States v. John Doe

COLE, J. (pp. 528-29), delivered a separate opinion concurring in part and in the judgment. ROGERS, J. (pp. 529-30), delivered a separate dissenting opinion.

AMENDED OPINION

DAMON J. KEITH, Circuit Judge.

In 2010, the Fair Sentencing Act (“FSA”) was passed “to restore fairness to Federal cocaine sentencing.” Pub.L. Ill— 220, 124 Stat. 2372 (2010) (to be codified as amended in scattered sections of Title 21). The passage of the FSA was a monumental and commendable first step toward eliminating racial disparities in cocaine sentencing. Nevertheless, much work remains before fairness and integrity…