United States v. Dennis

1 Citing case

  1. United States v. Howard

    No. 3:07-cr-0638-02-JAJ (S.D. Iowa Apr. 27, 2020)

    stipulated to 150 grams of crack cocaine in his plea agreement, an amount above the 5 grams charged in the indictment, and above the 28 grams now required for a 5-year mandatory minimum under the Fair Sentencing Act, reducing his sentence would give him an undeserved windfall, so a reduction was denied); United States v. Brown, No. 1:00-CR-290, 2019 WL 6170574, at *2 (N.D. Ohio Nov. 20, 2019) (holding that, where the defendant admitted in his plea to possessing 365.9 grams of crack—above the threshold quantity for a 10-year mandatory minimum before and after the Fair Sentencing Act—his statutory mandatory minimum sentence was the same, and no reduction was appropriate); United States v. Roman, No. 3:06CR268 (JBA), 2019 WL 5727412, at *5 (D. Conn. Nov. 4, 2019) (holding that, although the defendant's conviction involving 50 grams of crack no longer implicated a 10-year mandatory minimum, his conviction involving 5 kilograms of cocaine powder still did, so no reduction was appropriate); United States v. Dennis, No. CR 06-00108-KD-B, 2019 WL 3936449, at *3 (S.D. Ala. Aug. 20, 2019) (holding that, although the Fair Sentencing Act increased the quantity of crack cocaine from 5 grams to 28 grams for a mandatory minimum, the defendant's conviction for 34 grams still subjected him to the same statutory mandatory minimum, so the court was without any authority to sentence the defendant below the statutory minimum); United States v. Curb, No. 06 CR 324-31, 2019 WL 2017184, at *3 (N.D. Ill. May 7, 2019) (holding that, where the defendant stipulated to 4.5 kilograms of crack, his mandatory minimum sentence remained the same before and after the Fair Sentencing Act, so a reduction was not authorized).