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U.S. v. HUDSON

Nos. 10-14428, 10-14662.

685 F.3d 1260 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Charles Levern HUDSON, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Carmelina Vera Rojas, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

July 2, 2012.

Attorney(s) appearing for the Case

Lanny A. Breuer (Court-Appointed), U.S. DOJ, Joshua Stephen Johnson , U.S. DOJ, Crim. Div., Washington, DC, Lisa A. Hirsch , Anne Ruth Schultz , Wifredo A. Ferrer , Kathleen Mary Salyer , William C. Healy , Kelly S. Karase , U.S. Attorney's Office, Miami, FL, Rinku Talwar Tribuiani , U.S. Attorney's Office, Fort Pierce, FL, for Plaintiff-Appellee.

Bernardo Lopez , Fed. Pub. Defender's Office, Fort Lauderdale, FL, Michael Caruso , Fed. Pub. Def., Fed. Pub. Defender's Office, Miami, FL, for Defendant-Appellant in No. 10-14428.

Sowmya Bharathi , Michael Caruso , Fed. Pub. Def., Fed. Pub. Defender's Office, Miami, FL, for Defendant-Appellant in No. 10-14662.

Prior report: ; 426 Fed. Appx. 748; .

BY THE COURT:

We previously vacated the panels' opinions to rehear these appeals en banc. United States v. Rojas, 659 F.3d 1055 (11th Cir.2011); United States v. Hudson, 659 F.3d 1056 (11th Cir.2011). The issue before us in both cases was whether the Fair Sentencing Act of 2010, which raised the quantities of crack cocaine required to trigger mandatory-minimum penalties under 21 U.S...

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