United States v. Antywan E. Bryant

472 F. App'x 894

• Court: Court of Appeals for the Eleventh Circuit
• Decided: July 9, 2012
• Docket: 11-11113
• Status: Unpublished

Opinion

PER CURIAM:

Antywan Bryant appeals his 120-month sentence, imposed after he pleaded guilty to one count of possession of more than fifty grams of cocaine with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). Bryant’s sentence was imposed on February 28, 2011. During that proceeding, the district court relied on United States v. Gomes, 621 F.3d 1343 (11th Cir.2010), to find that the Fair Sentencing Act of 2010 (“FSA”) did not apply to Bryant. As a result, the court sentenced Bryant to 120-months imprisonment, the pre-FSA mandatory-minimum sentence for his offense under § 841(b)(1)(A).

On appeal, Bryant argues that the district court erred in refusing to apply the FSA at his re-sentencing. As the Supreme Court has now explained in Dorsey v. United States, — U.S.-, 132 S.Ct. 2321, -L.Ed.2d - (2012), Bryant is correct. The revised mandatory mínimums set forth in the FSA are applicable to individuals who committed their offensive conduct before August 3, 2010, but who were sentenced after that date. Id. at 2335-36. Therefore, we must vacate Bryant’s sentence and remand the case for re-sentencing consistent with the Dorsey opinion.

VACATED AND REMANDED.