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U.S. v. BLEWETT

Nos. 12-5226, 12-5582.

719 F.3d 482 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Cornelius Demorris BLEWETT (12-5226) and Jarreous Jamone Blewitt (12-5582), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

May 17, 2013.

Attorney(s) appearing for the Case

ON BRIEF: Jamie L. Haworth , Frank W. Heft, Jr. , Office of the Federal Public Defender, Louisville, Kentucky, for Appellant in 12-5226. Laura R. Wyrosdick , Frank W. Heft, Jr. , Office of the Federal Public Defender, Louisville, Kentucky, for Appellant in 12-5582. Candace G. Hill , United States Attorney's Office, Louisville, Kentucky, for Appellee.

MERRITT, J., delivered the opinion of the court in which MARTIN, J., joined. GILMAN, J. (pp. 494-98), delivered a separate dissent.

OPINION

MERRITT, Circuit Judge.

This is a crack cocaine case brought by two currently incarcerated defendants seeking retroactive relief from racially discriminatory mandatory minimum sentences imposed on them in 2005. The Fair Sentencing Act was passed in August 2010 to "restore fairness to Federal cocaine sentencing" laws that had unfairly impacted blacks for almost 25 years. The Fair Sentencing Act repealed portions...

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