Professional Documents
Culture Documents
No. 12-4128
Appeal from the United States District Court for the Northern
District of West Virginia, at Martinsburg. John Preston Bailey,
Chief District Judge. (3:09-cr-00050-JPB-DJJ-1)
Submitted:
August 9, 2012
Decided:
PER CURIAM:
Aciento
Tyrone
Williams
appeals
his
sixty-month
sentence
assertion
sentenced
him
is
to
that
the
the
district
statutory
court
mandatory
Williams
erred
when
minimum
it
sentence
1130-31
(internal
(2013)
quotation
marks
and
alterations
omitted). 1
retain
discretion
to
exercise
unless
the
integrity
or
public
correct
error
the
error,
seriously
reputation
which
affects
of
we
will
the
judicial
not
fairness,
proceedings.
now
clear
that
the
FSA
is
retroactively
applicable
to
It is also clear
minimum
sentence
applicable
to
his
crime.
See
21
U.S.C.A. 841(b)(1)(B)(iii) (West Supp. 2012) (imposing fiveyear statutory mandatory minimum sentence for crime involving
twenty-eight or more grams of cocaine base).
Because
the
district
court
plainly
erred
by
failing
to
To
satisfy
the
this
requirement
in
the
sentencing
context,
188235
months
imprisonment.
After
granting
the
court
imprisonment.
entailed
lowered
the
range
to
140175
months
downward
departure
from
the
advisory
Guidelines Range.
Even though the district court would have departed from the
same baseline absent the error, the record reflects that--absent
the floor of the statutory minimum--the district court would
have gone even lower.
sincere
[and] . . . to
effort
seek
to
further
change
his
education.
life,
hold
J.A.
job,
33-34.
The
J.A. 34.
conclude
that
the
district
courts
error
for us
restricted
And I
its
See Knight,