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U.S. v. SMITH

No. 10-15044 Non-Argument Calendar.

654 F.3d 1263 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Arthur SMITH, a.k.a. Co-Chief, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

September 7, 2011.

Attorney(s) appearing for the Case

Carol Herman , Anne R. Schultz , Wifredo A. Ferrer , U.S. Attorney, Daren Grove , Andrea G. Hoffman , Kathleen M. Salyer , Cynthia R. Wood , U.S. Attorney's Office, Miami, FL, for Plaintiff-Appellee.

Philip Robert Horowitz , Law Office of Philip R. Horowitz, Miami, FL, for Defendant-Appellant.

Before TJOFLAT, CARNES and FAY, Circuit Judges.

CARNES, Circuit Judge:

Arthur Smith appeals his 127-month sentence after pleading guilty to possession with intent to distribute 50 grams or more of cocaine base, in violation of 21 U.S.C. § 841(a)(1). He contends that an intervening decision shows that the district court erred by failing to apply the Fair Sentencing Act of 2010 (FSA) in determining his sentence. The government responds that, regardless of the merit of Smith's contention, he waived his right...

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