U.S. v. BALLARD, 11-4126. (2011)
Court: Court of Appeals for the Fourth Circuit
Number: infco20111024080
Visitors: 10
Filed: Oct. 24, 2011
Latest Update: Oct. 24, 2011
Summary: Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Timothy Ballard appeals his 180-month sentence received for his conviction in May 2009 for the distribution of 50 grams or more of cocaine base, in violation of 21 U.S.C. 841(a)(1) and (b)(1)(A) (2006). Ballard's sole contention on appeal is that, because he was not sentenced until after August 3, 2010, he should have been sentenced under the provisions of the Fair Sentencing Act of 2010, Pub. L. No. 111-220, 124 St
Summary: Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Timothy Ballard appeals his 180-month sentence received for his conviction in May 2009 for the distribution of 50 grams or more of cocaine base, in violation of 21 U.S.C. 841(a)(1) and (b)(1)(A) (2006). Ballard's sole contention on appeal is that, because he was not sentenced until after August 3, 2010, he should have been sentenced under the provisions of the Fair Sentencing Act of 2010, Pub. L. No. 111-220, 124 Sta..
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Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Timothy Ballard appeals his 180-month sentence received for his conviction in May 2009 for the distribution of 50 grams or more of cocaine base, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(A) (2006). Ballard's sole contention on appeal is that, because he was not sentenced until after August 3, 2010, he should have been sentenced under the provisions of the Fair Sentencing Act of 2010, Pub. L. No. 111-220, 124 Stat. 2372 (the "FSA"). Although the Government resisted this line of argument in the district court, it now agrees before this court that Ballard's sentence should be vacated and the case remanded for resentencing.
We, therefore, vacate Ballard's sentence and remand this case to the district court to permit resentencing. By this disposition, however, we indicate no view as to whether the FSA is retroactively applicable to a defendant like Ballard whose offenses were committed prior to August 3, 2010, the effective date of the FSA, but who was sentenced after that date. We leave that determination in the first instance to the district court. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the Court and argument would not aid the decisional process.
VACATED AND REMANDED FOR RESENTENCING.
Source: Leagle
