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U.S. v. DUNCAN

No. 10-3737.

684 F.3d 1363 (2012)

UNITED STATES of America, Appellee, v. Larita DUNCAN, Appellant.

United States Court of Appeals, Eighth Circuit.

July 25, 2012.

Attorney(s) appearing for the Case

Andrew J. Hilger , Omaha, NE, for appellant.

Susan T. Lehr , USA, Deborah R. Gilg , Omaha, NE, for appellee.

Before MURPHY, BYE, and SMITH, Circuit Judges.

BYE, Circuit Judge.

Larita Duncan pleaded guilty to possessing five or more grams of crack cocaine, in violation of 21 U.S.C. § 844(a). The offense occurred on October 6, 2009. On August 3, 2010, President Barack Obama signed the Fair Sentencing Act ("FSA"), which eliminated the five-year minimum sentence for offenses involving more than five grams of cocaine, into law. Pub.L. No. 111-220, 124 Stat. 2372 (2010). On November 22, 2010, the district court sentenced...

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