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    United States v. Corenzo Mobery, 4th Cir. (2012)

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    Corenzo Mobery appealed his sentence for conspiracy to distribute cocaine base and possession of a firearm by a convicted felon. While Mobery did not challenge his conviction, he argued that the Fair Sentencing Act of 2010, which reduced penalties for crack cocaine offenses, should have applied at his sentencing. The Government agreed and jointly moved to remand the case for resentencing under the FSA. The Fourth Circuit affirmed Mobery's conviction but vacated his sentence and remanded the case to the district court to determine whether the FSA applied retroactively to Mobery and to resentence him if appropriate.

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    United States v. Corenzo Mobery, 4th Cir. (2012)

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    Corenzo Mobery appealed his sentence for conspiracy to distribute cocaine base and possession of a firearm by a convicted felon. While Mobery did not challenge his conviction, he argued that the Fair Sentencing Act of 2010, which reduced penalties for crack cocaine offenses, should have applied at his sentencing. The Government agreed and jointly moved to remand the case for resentencing under the FSA. The Fourth Circuit affirmed Mobery's conviction but vacated his sentence and remanded the case to the district court to determine whether the FSA applied retroactively to Mobery and to resentence him if appropriate.

    Original Description:

    Filed: 2012-01-09 Precedential Status: Non-Precedential Docket: 11-4143

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    Corenzo Mobery appealed his sentence for conspiracy to distribute cocaine base and possession of a firearm by a convicted felon. While Mobery did not challenge his conviction, he argued that the Fair Sentencing Act of 2010, which reduced penalties for crack cocaine offenses, should have applied at his sentencing. The Government agreed and jointly moved to remand the case for resentencing under the FSA. The Fourth Circuit affirmed Mobery's conviction but vacated his sentence and remanded the case to the district court to determine whether the FSA applied retroactively to Mobery and to resentence him if appropriate.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
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    98 views3 pages

    United States v. Corenzo Mobery, 4th Cir. (2012)

    Uploaded by

    Scribd Government Docs
    Corenzo Mobery appealed his sentence for conspiracy to distribute cocaine base and possession of a firearm by a convicted felon. While Mobery did not challenge his conviction, he argued that the Fair Sentencing Act of 2010, which reduced penalties for crack cocaine offenses, should have applied at his sentencing. The Government agreed and jointly moved to remand the case for resentencing under the FSA. The Fourth Circuit affirmed Mobery's conviction but vacated his sentence and remanded the case to the district court to determine whether the FSA applied retroactively to Mobery and to resentence him if appropriate.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 11-4143

    UNITED STATES OF AMERICA,


    Plaintiff Appellee,
    v.
    CORENZO MOBERY,
    Defendant - Appellant.

    Appeal from the United States District Court for the District of
    Maryland, at Greenbelt.
    Deborah K. Chasanow, Chief District
    Judge. (8:09-cr-00445-DKC-3)

    Submitted:

    January 5, 2012

    Decided:

    January 9, 2012

    Before GREGORY, SHEDD, and WYNN, Circuit Judges.

    Affirmed in part, vacated in part, and remanded by unpublished


    per curiam opinion.

    Edward C. Sussman, LAW OFFICE OF EDWARD SUSSMAN, Washington,


    D.C., for Appellant. Mara Zusman Greenberg, OFFICE OF THE UNITED
    STATES ATTORNEY, Robert K. Hur, Assistant United States
    Attorney, Erin Baxter Pulice, Special Assistant United States
    Attorney, Greenbelt, Maryland, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Corenzo

    Mobery

    pleaded

    guilty

    to

    conspiracy

    to

    distribute cocaine base (crack), in violation of 21 U.S.C.


    846

    (2006);

    and

    possession

    of

    firearm

    after

    having

    previously been convicted of a crime punishable by a term of


    imprisonment

    exceeding

    922(g)(1) (2006).

    one

    year,

    in

    violation

    of

    18

    U.S.C.

    The district court sentenced Mobery to a

    total of 125 months of imprisonment and he now appeals.

    For the

    reasons that follow, we affirm Moberys conviction but vacate


    the sentence and remand for resentencing.
    On appeal, Mobery does not challenge his conviction.
    His sole argument is that the Fair Sentencing Act of 2010 (FSA)
    should have applied to his sentence.

    The Government has filed a

    joint motion to remand this case to the district court to allow


    Mobery to be resentenced in accordance with the FSA.

    Based on

    our consideration of the record and the materials submitted with


    this motion, we affirm Moberys conviction, vacate his sentence,
    and grant the motion to remand this case to the district court
    to

    permit

    indicate
    applicable

    resentencing.
    no
    to

    view
    a

    as

    to

    defendant

    By

    this

    disposition,

    whether

    the

    like

    Mobery

    FSA

    is

    whose

    however,

    we

    retroactively
    offenses

    were

    committed prior to August 3, 2010, the effective date of the

    Act,

    but

    who

    was

    sentenced

    after

    that

    date,

    leaving

    that

    determination in the first instance to the district court. *

    AFFIRMED IN PART;
    VACATED IN PART;
    AND REMANDED

    We note that at Moberys sentencing hearing conducted on


    December 15, 2010, counsel for the Defendant unsuccessfully
    argued for retroactive application of the FSA. Nevertheless, in
    light
    of
    the
    Attorney
    Generals
    revised
    view
    on
    the
    retroactivity of the FSA, as well as the development of case law
    on this point in other jurisdictions, we think it appropriate,
    without indicating any view as to the outcome, to accord the
    district court an opportunity to consider the matter anew.

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