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U.S. v. GARDNER

No. 07 Cr. 1229(JSR).

837 F.Supp.2d 346 (2011)

UNITED STATES of America, v. Edward GARDNER and Kenroy Gladden, Defendants.

United States District Court, S.D. New York.

December 29, 2011.

Attorney(s) appearing for the Case

Avi Weitzman, United States Attorney, Southern District New York, New York, NY, for Plaintiff.

Curtis Jordan Farber, Curtis Farber, Esq., New York, NY, for Defendant.

MEMORANDUM ORDER AND JUDGMENT

JED S. RAKOFF, District Judge.

Pending before the Court is the motion of defendants Edward Gardner and Kenroy Gladden for re-sentencing on their crack cocaine and firearms convictions. Gardner and Gladden, joined by the Government, argue that the Fair Sentencing Act of 2010 ("FSA"), Pub.L. No. 111-220, 124 Stat. 2372, applies to defendants, like them, who committed their crimes before Congress enacted the FSA on August...

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