United States v. Kelvin Owens

Ninth Circuit

United States v. Kelvin Owens

436 F. App'x 745

CourtCourt of Appeals for the Ninth Circuit

DecidedJune 2, 2011

Docket09-50236

StatusUnpublished

Cited by1 cases

This text of 436 F. App'x 745 (United States v. Kelvin Owens) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Kelvin Owens, 436 F. App'x 745 (9th Cir. 2011).

Pincite

Opinion

MEMORANDUM *

Kelvin Owens appeals the ten-year mandatory minimum sentence imposed under 21 U.S.C. § 846 and 18 U.S.C. § 922(g)(9) following his guilty plea to conspiracy to distribute and to possess with intent to distribute fifty grams or more of crack cocaine and 500 grams or more of powder cocaine, and possession of a firearm following a misdemeanor conviction for domestic violence.

While this appeal was pending, President Obama signed into law the Fair Sentencing Act, which increased the quantity of crack cocaine required to trigger mandatory sentences under § 841(b)(1). See Pub.L. No. 111-220, 124 Stat. 2872. Owens asks that we vacate his sentence with instructions for resentencing pursuant to the Act, under which he would qualify for a lower, five-year sentence.

We reject his arguments for the reasons set forth in the opinion that we issue today in United States v. Baptist, 09-50315.

AFFIRMED.

*

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Free access — add to your briefcase to read the full text and ask questions with AI