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U.S. v. FIELDS

No. 09-3137.

699 F.3d 518 (2012)

UNITED STATES of America, Appellee v. Thomas FIELDS, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided November 9, 2012.

Attorney(s) appearing for the Case

Tony Axam, Jr. , Assistant Federal Public Defender, argued the cause for appellant. With him on the briefs was A.J. Kramer , Federal Public Defender. Neil H. Jaffee , Assistant Federal Public Defender, entered an appearance.

John L. Hill , Assistant U.S. Attorney, argued the cause for appellee. With him on the brief were Ronald C. Machen, Jr. , United States Attorney, and Roy W. McLeese III and John P. Mannarino , Assistant U.S. Attorneys. Elizabeth Trosman , Assistant U.S. Attorney, entered an appearance.

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

Convicted of distribution and possession with intent to distribute crack cocaine, appellant was sentenced before Congress passed the Fair Sentencing Act of 2010 (FSA), which reduced the disparity between the treatment of crack and powder cocaine. Appellant now claims that the FSA applies retroactively to him and that the district court erred in denying his motion to postpone sentencing until after passage of the Act. He also challenges the district...

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