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101266P.pdf   01/31/2011  United States  v.  Anthony Smith
   U.S. Court of Appeals Case No:  10-1266
   U.S. District Court for the Southern District of Iowa - Davenport   
   [PUBLISHED] [Loken, Author, with Smith and Colloton, Circuit Judges]
   Criminal Case - conviction and sentence. Evidence was sufficient to
   support jury verdict that Smith participated in a conspiracy to distribute
   more than 50 grams of crack cocaine. District court did not abuse its
   discretion in refusing subpoena for witness, as proffered testimony would
   not have been materially favorable and request was untimely. General
   savings statute, 1 U.S.C. sec. 109 applies to Fair Sentencing Act of 2010,
   which amended a criminal penalty and did not expressly provide for
   retroactivity, and thus Fair Sentencing Act may not be applied to Smith. 
   Sentence did not violate Eighth Amendment.