United States v. Rodney Smith , 575 F. App'x 609 ( 2014 )

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 14a0609n.06
No. 13-5162
FILED
UNITED STATES COURT OF APPEALS Aug 07, 2014
FOR THE SIXTH CIRCUIT DEBORAH S. HUNT, Clerk
UNITED STATES OF AMERICA, )
)
Plaintiff-Appellee, )
) ON APPEAL FROM THE
v. ) UNITED STATES DISTRICT
) COURT FOR THE WESTERN
RODNEY MONCRIEF SMITH, ) DISTRICT OF KENTUCKY
)
Defendant-Appellant. )
_______________________________________ )
)
)
)
)
)
BEFORE: BATCHELDER, Chief Judge; SILER and DONALD, Circuit Judges.
ALICE M. BATCHELDER, Chief Judge. Appellant Rodney Moncrief Smith appeals
the district court’s denial of his motion for reduction of sentence pursuant to 18 U.S.C.
§ 3582(c)(2). Appellant contends that he is entitled to a sentence reduction based on the new
mandatory minimum sentences for crack cocaine offenders contained in the Fair Sentencing Act
of 2010, Pub. L. No. 111-220, 124 Stat. 2372 (“FSA”). He also argues that failing to apply the
FSA’s lowered minimum sentence violates his constitutional right to equal protection of the law
and his right to be free from cruel and unusual punishment. In United States v. Blewett, 746 F.3d
647 (6th Cir. 2013) (en banc), cert. denied, 134 S. Ct. 1779 (2014), we held that the FSA’s new
mandatory minimums do not apply retroactively, see id. at 649, and that their prospective
application does not violate an individual’s right to equal protection of the law or his right to be
13-5162
USA v. Rodney Moncrief Smith
free from cruel and unusual punishment, see id. at 658–60. Our decision in Blewett governs the
disposition of this appeal, and we AFFIRM the district court’s denial of Appellant’s motion
based on our reasoning in Blewett.
2