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U.S. v. HUGHES

No. 11-1201.

733 F.3d 642 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Albert P. HUGHES, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 25, 2013.

Attorney(s) appearing for the Case

ARGUED: Anthony J. Dick , Jones Day, Washington, D.C., for Amicus Curiae. Suzanne K. Klein , Scott Graham PLLC, Portage, Michigan, for Appellant. Jennifer L. McManus , United States Attorney's Office, Grand Rapids, Michigan, for Appellee. ON BRIEF: Anthony J. Dick , Jones Day, Washington, D.C., for Amicus Curiae. Scott Graham , Scott Graham PLLC, Portage, Michigan, for Appellant. Jennifer L. McManus , Christopher O'Connor , United States Attorney's Office, Grand Rapids, Michigan, for Appellee.

Before: GIBBONS, SUTTON, and KETHLEDGE, Circuit Judges.

OPINION

KETHLEDGE, Circuit Judge.

In 2010, Congress passed the Fair Sentencing Act (FSA), which reduced the statutory penalties for crack-cocaine offenses under 21 U.S.C. § 841. The Supreme Court later held that the Act's reduced penalties applied to pre-Act offenders who were first sentenced after the Act took effect. See Dorsey v. United States, ___ U.S. ___, 132 S.Ct. 2321

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