Opinion
Case No. 2:09-CR-240.
September 22, 2010
OPINION AND ORDER
This matter is before the Court for consideration of Defendant's motion to apply the Fair Sentencing Act of 2010 (Doc. # 29) and Plaintiff's memorandum in opposition (Doc. # 32). Defendant, Ronald E. Nallie, argues within his motion that the Fair Sentencing Act of 2010 applies retroactively. Pub.L. No. 111-220, 124 Stat. 2372, 21 U.S.C. § 841. The Sixth Circuit rejected this argument in United States v. Carradine, ___ F.3d ___, 2010 WL 3619799, at *4-5 (6th Cir. Sept. 20, 2010). Applying the general savings statute found in 1 U.S.C. § 109, the Sixth Circuit held that "the Fair Sentencing Act of 2010, contains no express statement that it is retroactive[,] nor can we infer any such express intent from its plain language. Consequently, we must apply the penalty provision in place at the time Carradine committed the crime in question." Id. at *5. Applying this rationale to the case at hand, the Court DENIES Defendant's motion to apply the Fair Sentencing Act of 2010 (Doc. # 29.)