United States v. English
2010 U.S. Dist. LEXIS 137850
| S.D. Iowa | 2010Background
- On June 24, 2010, officers found 25.15 grams of cocaine base and 1.6 grams of marijuana at English's residence during an arrest warrant service.
- English admitted the cocaine base belonged to him and that he sold it to support his six children.
- English was indicted on July 14, 2010 for possession with intent to distribute at least five grams of cocaine base in violation of 21 U.S.C. § 841(a)(1).
- An information and Notice of Prior Conviction under 21 U.S.C. § 851 was filed on August 25, 2010, enhancing penalties based on prior drug felony convictions.
- English pled guilty on September 3, 2010 and the Court accepted the plea; he was sentenced on December 28, 2010 to 60 months of incarceration.
- The central issue is whether the Fair Sentencing Act of 2010 applies to English's sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Fair Sentencing Act applies to post-enactment sentences | Brewer supports applying pre-Act law through Savings Statute | Act applies to sentences after August 3, 2010, regardless of offense date | Fair Sentencing Act applies to sentences after enactment |
| Effect of Savings Statute on the Act's applicability | Savings Statute bars retroactive application of the Act | Act should apply post-enactment due to its purpose and timing | Savings Statute does not bar application; Act applies post-enactment |
| Whether enforcing pre-Act mandatory minimums would create inconsistency with guidelines | Guidelines in place at sentencing should reflect pre-Act law | Applying Act ensures consistency with new guidelines and fairness | Applying Act avoids inconsistency with emergency guidelines and sentencing goals |
| Scope of the Act’s effect on sentencing after August 3, 2010 | Act does not expressly mention post-enactment applicability | Act should be interpreted to apply to sentences after enactment | Act applies to sentences entered after August 3, 2010 |
Key Cases Cited
- Warden v. Marrero, 417 U.S. 653 (1974) (Savings Statute origin and abatement principles)
- Great Northern Ry. Co. v. U.S., 208 U.S. 452 (1908) (Savings Statute limits and congressional intent considerations)
- United States v. Brewer, 624 F.3d 900 (8th Cir. 2010) (whether Fair Sentencing Act applies retroactively)