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U.S. v. BLACK

No. 13-6228.

737 F.3d 280 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Darnell BLACK, a/k/a Chuck, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: December 6, 2013.

Attorney(s) appearing for the Case

ARGUED: G. Alan DuBois , Office of the Federal Public Defender, Raleigh, North Carolina, for Appellant. Yvonne Victoria Watford-McKinney , Office of the United States Attorney, Raleigh, North Carolina, for Appellee. ON BRIEF: Thomas P. McNamara , Federal Public Defender, Office of the Federal Public Defender, Raleigh, North Carolina, for Appellant. Thomas G. Walker , United States Attorney, Jennifer P. May-Parker , Assistant United States Attorney, Office of the United States Attorney, Raleigh, North Carolina, for Appellee.

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge KING and Judge DUNCAN joined. Judge KING wrote a separate concurring opinion.

NIEMEYER, Circuit Judge:

Darnell Black was sentenced in January 2007 to the statutory minimum of 120 months' imprisonment for conspiracy to traffic in more than 50 grams of crack cocaine. See 21 U.S.C. § 841(b)(1). The Fair Sentencing Act, which was enacted in 2010, more than three years after Black was sentenced, reduced the statutory minimum sentence applicable to his circumstances from 120 months' imprisonment to 60 months' imprisonment. Black filed...

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