DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
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123317P.pdf 06/24/2013 United States v. Antonio Reeves
U.S. Court of Appeals Case No: 12-3317
U.S. District Court for the Eastern District of Missouri - Cape Girardeau
[PUBLISHED] [Shepherd, Author, with Colloton and Melloy, Circuit Judges]
Criminal case - Sentencing. Defendant's argument that the Sentencing
Commission acted arbitrarily and capriciously when it decided not to give
retroactive effect to Amendment 709 is foreclosed by this court's decision
in U.S. v. Johnson, 703 F.3d 464 (8th Cir. 2013); defendant's sentence was
based on his career offender status not on the quantity of crack involved,
and Amendments 750 and 759 do not apply; this court joins the majority of
circuits in holding that the Fair Sentencing Act does not apply
retroactively to defendants who were sentenced before August 3, 2010 and
who seek a reduction in their sentences under 18 U.S.C. Sec. 3582(c)(2).