United States v. McIntosh
| Opinion Date: January 7, 2013 | |||||||||||||||||||||
| Judge: Gilman | |||||||||||||||||||||
| Areas of Law: Criminal Law | |||||||||||||||||||||
Due to a technical
error in the original indictment and a more substantial mistake by the
government in its handling of that error, no indictment was pending
against defendant at the time of his sentencing. This caused defendant
to challenge the power of the district court to sentence him at all.
Defendant also challenged the length of his sentence due to the
enactment of the Fair Sentencing Act of 2010 (FSA), Pub. L. 111-120,
2(a), 124 Stat. 2372, after he committed his offenses but before his
sentencing. The court concluded that the district court retained the
power to sentence defendant, and that the exercise of that power did not
violate any of his constitutional rights or run afoul of the Federal
Rules of Criminal Procedure. The sentence imposed, however, must be
vacated because the district court did not apply the Sentencing
Guidelines as revised by the FSA.
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