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United States of America v. Krothopis Thompson

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Submitted: June 11, 2012

Before MURPHY, MELLOY, and COLLOTON, Circuit Judges.

Defendant Krothopis Thompson appeals the sentence he received after pleading guilty to one count of possessing with intent to distribute five grams or more of a mixture or substance containing a detectable amount of cocaine base, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(B). He committed his offense prior to passage of the Fair Sentencing Act of 2010, 124 Stat. 2372 (“the Act”), but was indicted, pleaded guilty, and was sentenced after the Act’s passage. He argued at sentencing that he should be sentenced in accordance with the Act and that his advisory Guidelines range should be 37 to 46 months’ imprisonment with no mandatory minimum. The district court, following our precedent, United States v. Sidney, 648 F.3d 904, 910 (8th Cir. 2011), held the Act did not apply to Thompson. As such, the court imposed a 60- month mandatory minimum term of incarceration and a 4-year mandatory minimum term of supervised release.

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