USA v. Troy Frazier

Filing

UNPUBLISHED OPINION FILED. [10-30713 Affirmed ] Judge: CDK , Judge: FPB , Judge: JWE Mandate pull date is 07/08/2011 for Appellant Troy L. Frazier [10-30713]

Case: 10-30713

Document: 00511512782

Page: 1

Date Filed: 06/17/2011

IN THE UNITED STATES COURT OF APPEALS
United States Court of Appeals
FOR THE FIFTH CIRCUIT
Fifth Circuit
FILED
No. 10-30713
Summary Calendar

June 17, 2011
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
TROY L. FRAZIER,
Defendant-Appellant

Appeal from the United States District Court
for the Middle District of Louisiana
USDC No. 3:09-CR-29-1

Before KING, BENAVIDES, and ELROD, Circuit Judges.
PER CURIAM:*
Troy L. Frazier pleaded guilty to distribution of 50 grams or more of
cocaine base. The district court imposed the mandatory statutory minimum
sentence of 120 months in prison. Frazier argues that the Fair Sentencing Act
of 2010 (FSA), Pub. L. No. 111-220, § 2(a)(1), 124 Stat. 2372 (Aug. 3, 2010),
should be applied to cases on direct appeal and seeks to have his sentence
vacated and remanded for resentencing in accordance with the provisions of the
FSA.
*

Pursuant to 5TH CIR . R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .
R. 47.5.4.

Case: 10-30713

Document: 00511512782

Page: 2

Date Filed: 06/17/2011

No. 10-30713
The FSA, which became effective on August 3, 2010, amended the
Controlled Substances Act and Controlled Substances Import and Export Act by
resetting the drug quantities required to trigger mandatory minimum sentences.
FSA, Pub. L. No. 111-220, § 2(a)(1), 124 Stat. 2372 (Aug. 3, 2010). Among other
things, it amended § 841(b)(1)(A)(iii), by increasing from 50 grams to 280 grams
the amount of crack cocaine a defendant must possess before he is subject to a
ten-year mandatory minimum sentence. Id.
In the instant case, there is no question that Congress repealed and
replaced § 841 (b)(1)(A)(iii), by enacting the FSA. However, the FSA is silent on
the issue of retroactivity. See FSA, Pub. L. No. 111-220, § 2(a)(1), 124 Stat. 2372
(Aug. 3, 2010).

Frazier argues that the retroactivity issue has not been

addressed in this circuit. Subsequent to the filing of Frazier’s brief, this court
issued a published decision holding that the FSA does not apply to defendants
who were sentenced prior to its enactment. See United States v. Doggins, 633
F.3d 379, 384 (5th Cir. 2011).
AFFIRMED.

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