U.S. v. DIXON

No. 10-4300.

648 F.3d 195 (2011)

UNITED STATES of America v. Kenneth DIXON, Appellant.

United States Court of Appeals, Third Circuit.

Filed: August 9, 2011.


Attorney(s) appearing for the Case

John H. Reed , Selinsgrove, PA, Brett G. Sweitzer , (Argued), Defender Association of Philadelphia, Federal Court Division, Philadelphia, PA, for Appellant.

William C. Simmers , Office of United States Attorney, Williamsport, PA, Theodore B. Smith , Executive Office of the United States Attorney, Evaluation & Review Staff, Washington, DC, Robert A. Zauzmer , (Argued), Office of United States Attorney, Philadelphia, PA, for Appellee.

Before: FUENTES, FISHER and NYGAARD, Circuit Judges.


OPINION OF THE COURT

FISHER, Circuit Judge.

The question presented in this appeal is whether the more favorable mandatory minimum prison sentences imposed by the Fair Sentencing Act of 2010 (the "FSA" or the "Act") apply retroactively to defendants, like Kenneth Dixon, who committed their crimes before the Act became law, but who were sentenced afterwards. We hold that the FSA does apply in this instance. The language of the Act reveals Congress's intent...

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