United States v. David Gamble
683 F.3d 932
8th Cir.2012Background
- Gamble pleaded guilty to one count of conspiracy to distribute at least five grams of cocaine base under 21 U.S.C. §§ 846, 841(a)(1), 841(b)(1)(B).
- Presentence report found 21.28 grams of cocaine base; pre-FSA max for career offender was 40 years; base offense level 34, then reduced to 31 for acceptance of responsibility.
- Guidelines yielded an advisory range of 188–235 months given criminal history category VI.
- FSA became effective August 3, 2010; Gamble’s conduct occurred before the FSA, but sentencing occurred after the FSA took effect.
- At sentencing (May 5, 2011), Gamble argued FSA should apply; district court applied pre-FSA maximum; court ultimately sentenced at top of range per pre-FSA rules.
- We remand to the district court in light of Dorsey v. United States regarding FSA retroactivity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the FSA applies where crime occurred before but sentencing after its effective date | Gamble argues FSA should apply | The United States argues no retroactive application (pre-FSA rules) | Remand consistent with Dorsey; FSA applies to such cases |
Key Cases Cited
- Dorsey v. United States, 567 U.S. _ (Supreme Court 2012) (FSA applies to offenders who committed a crack crime before Aug. 3, 2010 but were sentenced after)
- Neadeau, 639 F.3d 453 (8th Cir. 2011) (recognizes the de novo standard for FSA applicability)
- Sidney, 648 F.3d 904 (8th Cir. 2011) (held FSA does not retroactively apply)