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U.S. v. RILEY

No. 12-3273.

726 F.3d 756 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Robin Dean RILEY, Jr., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 9, 2013.

Attorney(s) appearing for the Case

ARGUED: Jeffrey B. Lazarus , Federal Public Defender's Office, Cleveland, Ohio, for Appellant. Phillip J. Tripi , U.S. Attorney's Office, Cleveland, Ohio, for Appellee. ON BRIEF: Jeffrey B. Lazarus , Federal Public Defender's Office, Cleveland, Ohio, for Appellant. Phillip J. Tripi , U.S. Attorney's Office, Cleveland, Ohio, for Appellee.

Before: BOGGS, MOORE, and SUTTON, Circuit Judges.

OPINION

BOGGS, Circuit Judge.

In 1997, appellant Robin Riley pled guilty to possession, with intent to distribute, of 53.17 grams of crack cocaine, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(A), and was sentenced to 262 months of imprisonment and ten years of supervised release. Following the Fair Sentencing Act of 2010 and the corresponding crack-cocaine guideline amendments implemented by U.S.S.G. Amendment 750, Riley moved for a sentence...

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