United States v. Krothopis Thompson

MELLOY, Circuit Judge.

Defendant Krothopis Thompson appeals the sentence he received after pleading guilty to one count of possessing with intent to distribute five grams or more of a mixture or substance containing a detectable amount of cocaine base, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B). He committed his offense prior to passage of the Fair Sentencing Act of 2010, 124 Stat. 2372 (“the Act”), but was indicted, pleaded guilty, and was sentenced after the Act’s passage. He argued at sentencing that he should be sentenced in accordance with the Act and that his advisory Guidelines…