U.S. v. AUGUSTINE

No. 12-50061.

712 F.3d 1290 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Yale AUGUSTINE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 3, 2013.


Attorney(s) appearing for the Case

Carlton F. Gunn , Pasadena, CA, for Defendant-Appellant.

André Birotte Jr. , United States Attorney; Robert E. Dugdale , Assistant United States Attorney; Jean-Claude André (argued), Assistant United States Attorney, Los Angeles, CA, for Plaintiff-Appellee.

Before: CONSUELO M. CALLAHAN, SANDRA S. IKUTA, and ANDREW D. HURWITZ, Circuit Judges.


OPINION

HURWITZ, Circuit Judge:

In the Fair Sentencing Act of 2010 ("FSA"), Pub.L. No. 111-220, 124 Stat. 2372, Congress addressed the inequitable disparity between the sentences prescribed for crack and powder cocaine offenses. The question in this case is whether a defendant sentenced for a crack cocaine offense before the FSA was enacted is eligible for a reduced sentence under 18 U.S.C. § 3582(c)(2). We hold, consistent with all circuits to have...

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