Sentencing – Crack cocaine
Where the defendant was not sentenced under the FSA, resentencing is required.
“On appeal Lomax argues, and the government agrees, that the case should be remanded for resentencing under the FSA, which applies to all crack offenders sentenced after its enactment. Dorsey v. United States, 132 S. Ct. 2321, 2326 (2012). The parties and the district judge all assumed that applying the FSA to Lomax would lower his guidelines imprisonment range, but the court understandably declined to apply the FSA because of contrary circuit precedent later rejected by Dorsey. See United States v. Fisher, 635 F.3d 336, 340 (7th Cir. 2011). We now know that the court’s reasoning was mistaken, and on the existing record we cannot say that the error was harmless.”
Vacated and Remanded.
11-2468 U.S. v. Lomax
Appeal from the United States District Court for the Northern District of Illinois, Guzmán, J., Per Curiam.