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Case: 14-10847
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In Bonner v. Pritchard, 661 F.2d 1206 (11th Cir. 1981), the Eleventh Circuit adopted as binding
precedent the decisions of the former Fifth Circuit rendered before October 1, 1981. Id. at 1207.
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Case: 14-10847
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Case: 14-10847
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Commission, but rather a statutory change by Congress, and thus it does not serve
as a basis for a 3582(c)(2) sentence reduction. Id. at 377. Additionally, this
Court held that the Fair Sentencing Act does not apply retroactively to defendants
sentenced prior to the Acts enactment on August 3, 2010. Id. Burnett, who was
sentenced in 2003, therefore cannot benefit from the Fair Sentencing Acts
reductions in statutory mandatory minimums.
Because this Courts binding precedent forecloses the review Burnett seeks,
the governments motion for summary affirmance is GRANTED, the judgment of
the district court is AFFIRMED, and the governments motion to stay the briefing
schedule is DENIED as moot.