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U.S. v. McIVERY

No. 12-1257.

806 F.3d 645 (2015)

UNITED STATES of America, Appellee, v. Jayson Anthony McIVERY, Defendant, Appellant.

United States Court of Appeals, First Circuit.

November 20, 2015.

Attorney(s) appearing for the Case

William W. Fick, Assistant Federal Public Defender, with whom Federal Public Defender Office was on brief, for appellant.

Dina Michael Chaitowitz, Assistant United States Attorney, with whom Carmen M. Ortiz, United States Attorney, was on brief, for appellee.

Before HOWARD, Chief Judge, SELYA and LIPEZ, Circuit Judges.

This is a case caught in a time warp. The government indicted the defendant under a legal regime that was modified by the subsequent passage of the Fair Sentencing Act of 2010 (FSA), Pub.L. No. 111-220, 124 Stat. 2372, and the adoption of its implementing sentencing guidelines. The district court accepted the defendant's guilty...

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