United States v. Davis (Johnson), No. 12-2313 (2d Cir. 2013)
Annotate this CaseDefendant pleaded guilty to conspiracy to distribute and possess with intent to distribute 50 grams or more of a substance containing cocaine base. On appeal, defendant challenged his sentence under 18 U.S.C. 3582(c)(2). The court concluded that defendant was not eligible for a reduction under section 3582(c)(2); the mandatory minimum applicable to defendant had not been displaced, and the Fair Sentencing Act of 2010, Pub. L. No. 111-220, 124 Stat. 2372, did not apply to defendant. Accordingly, the court affirmed the judgment of the district court.
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