United States of America v. Anthony Norris Smith

Before LOKEN, SMITH, and COLLOTON, Circuit Judges.

A jury convicted Anthony Smith of conspiring to distribute fifty grams or more of cocaine base (“crack”) in violation of 21 U.S.C. §§ 841 and 846. Based on this drug quantity and his prior felony drug convictions, the district court imposed the *fn1 mandatory minimum sentence of life in prison. See 21 U.S.C. § 841(b)(1)(A) (2006). Smith appealed his conviction and sentence, arguing (i) the evidence was insufficient to convict him of conspiracy to distribute crack; (ii) the district court violated the Sixth Amendment by refusing his request to subpoena a defense witness and by admitting a forensic chemist’s lab report; and (iii) the life sentence was grossly disproportionate and therefore violated the Eighth Amendment. After the parties submitted briefs on these issues, Congress enacted the Fair Sentencing Act of 2010, which increased the amount of crack necessary to trigger a mandatory life sentence from 50 to 280 grams. Pub. L. No. 111-220, § 2(a)(1), 124 Stat. 2372 (Aug. 3, 2010), codified at 21 U.S.C. § 841(b)(1)(A)(iii). At Smith’s request, the parties submitted supplemental briefs addressing his additional contention that this Act should apply to the mandatory life sentence in his pending case. We affirm.