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United States of America v. David Jamond Gamble

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Submitted: January 9, 2012

Before MELLOY, ARNOLD, and SHEPHERD, Circuit Judges.

David Jamond Gamble appeals from his sentence of 188 months’ imprisonment for conspiracy to distribute at least five grams of cocaine base, arguing that the district court erred in not applying the Fair Sentencing Act (FSA), codified in part at 21 U.S.C. § 841(b) (2010), to his case. The conduct underlying Gamble’s sentence occurred before the FSA went into effect, but his sentencing was after this date. We reverse under Dorsey v. United States, 567 U.S. ___ (2012), which held that the FSA applies where the defendant committed the crime before, but was sentenced after, the FSA went into effect.

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