Opinion
Case No. 99-40091-JAR.
November 12, 2010
ORDER
Before the Court is defendant Paul Edward Davis' pro se Motion under Rule 22 and Forma Pauperis Motion for Relief Under Newly Revised Retro Crack Law 1 and 18 (Doc. 125). Defendant's motion refers to the Fair Sentencing Act of 2010, which reduces the sentencing ratio between crack and powder cocaine offenses from 100:1 to 18:1. But this statute contains no statement that it is intended to have retroactive effect, and the Tenth Circuit has recently observed that it is not retroactive. Therefore, this statute does not apply to defendant's case because his crimes were committed before its enactment and defendant is not entitled to relief.
Pub.L. 111-220, 124 Stat. 2372 (Aug. 3, 2010).
United States v. Lewis, ___ F.3d ___, 2010 WL 4262020, at *3 (10th Cir. Oct. 29, 2010).
IT IS THEREFORE ORDERED BY THE COURT that defendant's motion (Doc. 125) is denied. IT IS SO ORDERED.
Dated: November 12, 2010