11th Cir. Holds that FSA Applies to Defendants Not Yet Sentenced by Date of Enactement

In US v. Rojas, No. 10-14662 (11th Cir. June 24, 2011), the 11th Circuit addressed the issue of whether the Fair Sentencing Act of 2010 applies to defendants who committed crack cocaine offenses before August 3, 2010, the date of its enactment, but who are sentenced thereafter. The 11th concluded that it does and reversed and remanded Rojas back to the district court for resentencing.