USA v. Antywan E. Bryant

FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
JULY 9, 2012
JOHN LEY
CLERK
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 11-11113
Non-Argument Calendar
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D.C. Docket No. 2:07-cr-14078-KMM-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ANTYWAN E. BRYANT,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Florida
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(July 9, 2012)
Before TJOFLAT, CARNES, and MARTIN, Circuit Judges.
PER CURIAM:
Antywan Bryant appeals his 120-month sentence, imposed after he pleaded
guilty to one count of possession of more than fifty grams of cocaine with intent to

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distribute, in violation of 21 U.S.C. § 841(a)(1). Bryant’s sentence was imposed
on February 28, 2011. During that proceeding, the district court relied on United
States v. Gomes, 621 F.3d 1343 (11th Cir. 2010), to find that the Fair Sentencing
Act of 2010 (“FSA”) did not apply to Bryant. As a result, the court sentenced
Bryant to 120-months imprisonment, the pre-FSA mandatory-minimum sentence
for his offense under § 841(b)(1)(A).
On appeal, Bryant argues that the district court erred in refusing to apply the
FSA at his re-sentencing. As the Supreme Court has now explained in Dorsey v.
United States, ___ S. Ct. ___, 2012 WL 2344463 (U.S. June 21, 2012), Bryant is
correct. The revised mandatory minimums set forth in the FSA are applicable to
individuals who committed their offensive conduct before August 3, 2010, but
who were sentenced after that date. Id. at *14. Therefore, we must vacate
Bryant’s sentence and remand the case for re-sentencing consistent with the
Dorsey opinion.
VACATED AND REMANDED.
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