United States v. Tejeda, 2010 WL 4967977

Tejeda was convicted after a 2007 jury trial of conspiracy to distribute and distribution with intent to distribute crack cocaine, involving more than 50 grams per count.
Jury found each count involved more than 50 grams of crack cocaine, guiding the penalties under 21 U.S.C. § 841.
Tejeda previously had a felony drug conviction, triggering enhanced penalties under § 841(b)(1)(A) and yielding a 240-month sentence.
On appeal, the Second Circuit remanded for resentencing to address sentencing, leading to a stipulation on Feb. 17, 2010 that disposed of the prior felony information and reduced the minimum from 240 to 120 months.
While resentencing proceedings occurred, Tejeda sought retroactive application of the Fair Sentencing Act of 2010 (FSA), which would lower the minimum to 60 months for 50+ grams.
The court held that the FSA does not apply retroactively to offenses committed before Aug. 3, 2010, and that § 109’s repeal rule preserves the pre-FSA minimum, resulting in a 120-month minimum rather than 60.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does the FSA apply retroactively to Tejeda's pre-August 3, 2010 offenses?	Tejeda argues the FSA should apply to reduce his minimum sentence.	The FSA has no express retroactive effect; the old minimum should apply.	FSA does not apply retroactively.
Whether 1 U.S.C. § 109 bars ameliorative penalties from applying to pre-repeal offenses	§ 109 allows relief under ameliorative changes to penalties.	§ 109 preserves penalties that existed at offense and repealing amendments do not automatically reduce them.	§ 109 preserves the pre-repeal minimum; relief not available under FSA.
Is United States v. Glover controlling or persuasive on retroactivity?	Glover supports non-retroactivity of the FSA.	Glover is a summary order and should not be precedential; analysis must be independent.	Glover is persuasive guidance; the Court adheres to its reasoning that FSA is not retroactive.
What is the applicable statutory minimum for Tejeda under the stipulation and prior proceedings?	Interpreting the stipulation could yield a reduced minimum.	Pre-FSA minimum as of offense governs, i.e., 120 months after the stipulation reduces from 240.	The applicable minimum is 120 months.

Warden v. Marrero, 417 U.S. 653 (1974) (statutory repeal does not automatically relieve penalties absent express provision)
United States v. Smith, 354 F.3d 171 (2d Cir. 2003) (§ 109 saves penalties from the date of offense)
United States v. Payne, 591 F.3d 46 (2d Cir. 2010) (summary order; precedential value and interpretation of circuit law guidance)