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UNITED STATES v. SMITH

No. 21-6829.

75 F.4th 459 (2023)

UNITED STATES of America, Plaintiff-Appellee, v. Danny Damon SMITH, a/k/a Duke, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: August 3, 2023.

Attorney(s) appearing for the Case

ARGUED: Robert James Wagner , ROBERT J. WAGNER PLC, Richmond, Virginia, for Appellant. Daniel J. Honold , OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee. ON BRIEF: Jessica D. Aber , United States Attorney, Peter S. Duffey , Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee.

Affirmed by published opinion. Chief Judge Diaz wrote the opinion, in which Judge Rushing and Senior Judge Floyd joined.

Danny Smith is fifteen years into his twenty-year prison sentence for conspiring to distribute crack cocaine. A few years after he was sentenced, Congress passed the Fair Sentencing Act, which reduced the crack-to-powder cocaine disparity. If sentenced today, Smith's mandatory minimum would be half his current sentence.

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