SUTTON, J., delivered the opinion of the court, in which BATCHELDER, C.J., BOGGS, GILMAN, GIBBONS, COOK, McKEAGUE, GRIFFIN and KETHLEDGE, JJ., joined, and MOORE, J., joined in the result. MOORE, J. (pp. 660-69), delivered a separate opinion concurring in the judgment. MERRITT, J. (pp. 669-71), delivered a separate dissenting opinion, in which DONALD J., joined. COLE, J. (pp. 671-75), delivered a separate dissenting opinion. CLAY, J. (pp. 675-85), delivered a separate dissenting opinion, in which DONALD, J., joined. ROGERS, J. (pp. 685-90), delivered a separate dissenting opinion, in which WHITE and STRANCH, JJ., joined, MERRITT, J., joined in part, and COLE, J., joined except for the last paragraph. WHITE, J. (pp. 690-98), delivered a separate dissenting opinion.
United States Court of Appeals, Sixth Circuit.
OPINION
SUTTON, Circuit Judge.
The Anti-Drug Abuse Act of 1986 established mandatory minimum sentences for possessing crack cocaine with the intent to distribute it: 5 years for possessing 5 grams, 10 years for possessing 50 grams. 100 Stat. 3207. The Fair Sentencing Act of 2010 increased the amount of crack cocaine needed to activate the same mandatory minimums. It now takes 28 grams to trigger the 5-year penalty and 280 grams to trigger the 10-year penalty...
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