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U.S. v. LUCERO

No. 12-2132.

713 F.3d 1024 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Christopher LUCERO, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 15, 2013.

Attorney(s) appearing for the Case

Submitted on the briefs:

Stephen P. McCue , Federal Public Defender, Albuquerque, NM, for Defendant-Appellant.

Kenneth J. Gonzales , United States Attorney, and Jennifer M. Rozzoni , Assistant United States Attorney, Albuquerque, NM, for Plaintiff-Appellee.

Before BRISCOE, Chief Judge, SEYMOUR and LUCERO, Circuit Judges.

BRISCOE, Chief Judge.

Christopher Lucero appeals the district court's denial of his motion to reduce his sentence, which he filed pursuant to 18 U.S.C. § 3582(c)(2). Lucero, who was sentenced before the effective date of the Fair Sentencing Act (FSA), asserts that the district court erred in failing to apply the FSA and its current statutory mandatory minimum sentencing scheme retroactively to reduce his sentence for possession of cocaine base. Specifically,...

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