ORDER

KRISTI K. DuBOSE, District Judge.

This matter is before the Court on Defendant David Lee Riley's Unopposed Brief and Memorandum of Law Pursuant to 28 U.S.C. § 2255, which the Court construes as a motion to vacate, set aside or correct sentence (Doc. 125),1 and the Government's response thereto (Doc. 126). Upon consideration, and for the reasons set forth herein, Petitioner's motions are due to be GRANTED.

I. Procedural Background

On July 20, 2010, Defendant pled guilty to conspiring to possess crack cocaine with intent to distribute in violation of 21 U.S.C. § 846. (Doc. 38). As a consequence of the fact that he was held accountable for 21.62 grams of crack cocaine, Defendant faced a mandatory minimum imprisonment term of five years under the statutory scheme in place at the time of his offense. See 21 U.S.C. 841(b)(1)(B)(iii) (2006) (prescribing term of imprisonment of not less than five years and no more than 40 years if defendant's offense involves five grams or more of a mixture or substance containing cocaine base). At a sentencing hearing held on January 21, 2011, the Court sentenced Defendant to the statutory minimum term of 60 months. (Doc. 95).

II. Legal Context

The Court recently summarized the pertinent legal context in United States v. Wilburn, Nos. 10-00087-KD & 10-00188-KD, 2012 WL 2838251, at *1-2 (S.D. Ala. July 10, 2012). The highlights are these: Congress enacted the Fair Sentencing Act of 2010 ("FSA") on August 3, 2010. The FSA sought to reduce the disparity between federal criminal penalties for crack cocaine and powder cocaine offenses by increasing the drug quantities necessary to trigger the statutory minimums. Last month, the United States Supreme Court held that the FSA's new mandatory minimum sentencing provisions to all sentencings on or after August 3, 2010, regardless of when the offense conduct took place. See Dorsey v. United States, 132 S.Ct. 2321 (2012).

III. Conclusion

The FSA applies to Defendant, who was sentenced after the FSA's enactment. The crack cocaine quantity for which Defendant is accountable fails to trigger a post-FSA statutory minimum. See 21 U.S.C. § 841(b)(1)(B)(iii) (2006 & Supp. V 2011) (prescribing no mandatory minimum for offenses involving less than 28 grams of crack cocaine). Accordingly, Defendant's motion to vacate, set aside or correct sentence (Doc. 125) is GRANTED, and the sentence previously imposed is hereby VACATED.

Whereas Defendant has waived his right to appear for a resentencing hearing (Doc. 125 at 5), whereas Defendant and the Government jointly recommend that Defendant be resentenced at the low-end of the applicable advisory guideline range2 (Doc. 125 at 5; Doc. 126 at 1), and whereas the Court finds after consideration of the factors set forth in 18 U.S.C. § 3553(a) that a sentence at the low-end of the advisory guideline range addresses the seriousness of the offense and the sentencing objectives of punishment, deterrence, and incapacitation, Defendant is hereby RESENTENCED to a term of imprisonment of 46 months.

The Clerk of Court is DIRECTED to enter forthwith an Amended Judgment in accordance with the foregoing.3

DONE and ORDERED.