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U.S. v. GAMBLE

No. 11-2228.

683 F.3d 932 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. David Jamond GAMBLE, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: July 10, 2012.

Attorney(s) appearing for the Case

John P. Messina , Asst. Fed. Public Defender, Des Moines, IA, for appellant.

Lisa C. Williams , Spec. Asst. U.S. Atty., Davenport, IA ( Nicholas A. Klinefeldt , U.S. Atty., Shannon L. Olson , Asst. U.S. Atty., Des Moines, IA, on the brief), for appellee.

Before MELLOY, ARNOLD, and SHEPHERD, Circuit Judges.

MELLOY, Circuit Judge.

David Jamond Gamble appeals from his sentence of 188 months' imprisonment for conspiracy to distribute at least five grams of cocaine base, arguing that the district court erred in not applying the Fair Sentencing Act (FSA), codified in part at 21 U.S.C. § 841(b) (2010), to his case. The conduct underlying Gamble's sentence occurred before the FSA went into effect, but his sentencing was after this date. We reverse under Dorsey v. United...

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