U.S. v. Lomax

Dist. Ct. erred in sentencing defendant to 188-month sentence on charge of crack distribution where Dist. Ct. used pre-Fair Sentencing Act of 2010 (FSA) guidelines to impose sentence, and where sentencing occurred after effective date of FSA. Fact that defendant received below-guidelines sentence under pre-FSA guidelines did not require different result, where govt. did not argue that defendant would have received same sentence under FSA guidelines. On remand, Dist. Ct. must also determine whether section 851 enhancement applicable for defendants distributing 50 or more grams of crack should apply.