United States v. Derek Merchant , 538 F. App'x 236 ( 2013 )

UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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No. 13-2104
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UNITED STATES OF AMERICA
v.
DEREK MERCHANT,
Appellant
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On Appeal from the United States District Court
for the Middle District of Pennsylvania
(D.C. Crim. No. 1-07-cr-00419-001)
District Judge: Honorable William W. Caldwell
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Submitted under Third Circuit LAR 34.1(a)
October 28, 2013
Before: FISHER, JORDAN and ALDISERT, Circuit Judges.
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JUDGMENT ORDER
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PER CURIAM
It appearing that Appellant argues that the Fair Sentencing Act of 2010, Pub. L.
No. 111-220, 124 Stat. 2372 (2010) (“FSA”), applies fully and retroactively to defendants
who, like him, were sentenced before its effective date; it further appearing that the FSA
for cocaine base offenses became effective subsequent to the sentencing of Appellant for
distribution and possession with intent to distribute more than 50 grams of cocaine; it
further appearing that the mandatory minimum sentence requirements of the FSA do not
apply to Appellant, see United States v. Reevey, 631 F.3d 110, 111 (3d Cir. 2010); and it
further appearing that the order denying Appellant’s Motion to Reduce Sentence under 18
U.S.C. § 3582(c)(2) was not in error; on consideration whereof, it is now hereby
ADJUDGED and ORDERED that the judgment of the District Court for the Middle
District of Pennsylvania as entered April 3, 2013 at D.C. Crim. No. 1-07-cr-00419-001 be
and is hereby AFFIRMED.
Costs shall not be taxed in this matter.
Attest:
/s/ Marcia M. Waldron
Clerk
DATED: October 31, 2013
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