Background

• Stephon Mundy, a pro se federal prisoner, appeals a district court order reducing his sentence under 18 U.S.C. § 3582(c)(2).
• Mundy pled guilty to conspiracy to distribute crack cocaine, possession with intent to distribute crack cocaine, and possession of firearms in furtherance of drug trafficking; district court sentenced him in 2005 to 151 months (counts 1–2), 60 months (count 4) consecutive, and 10 years supervised release.
• In 2008, the district court sua sponte reduced Mundy’s sentence due to retroactive guidelines changes to 121 months on counts 1–2 plus 60 months consecutive on count 4.
• In 2011 Mundy filed a letter treated as a § 3582(c)(2) motion; the district court summarily granted it, reducing to 120 months on counts 1–2 (and the statutory minimum) plus the 60 months consecutive for count 4.
• Mundy argues the Fair Sentencing Act of 2010 should be applied retroactively to his pre‑Act sentence, which would lower the applicable statutory minimum; the government contends the Act is not retroactive to pre‑Act sentences and only applies to offenders sentenced after the Act’s effective date.

Issues

Key Cases Cited

• Hameed v. United States, 614 F.3d 259 (6th Cir. 2010) (de novo review of §3582(c)(2) matters; retroactivity issues analyzed previously)
• Curry v. United States, 606 F.3d 323 (6th Cir. 2010) (de novo review standard for §3582(c)(2) decisions)
• Marrero v. United States, 651 F.3d 453 (6th Cir. 2011) (Fair Sentencing Act retroactivity pre‑Act sentences rejected)
• Carradine v. United States, 621 F.3d 575 (6th Cir. 2010) (FSA retroactivity limits reiterated)
• Dorsey v. United States, 132 S. Ct. 2321 (S. Ct. 2012) (Supreme Court held FSA applies to offenders sentenced after Act’s effective date)