Ninth Circuit -- USA V. ROBERT PLEASANT

As Petitioner was sentenced under the Career Offender provisions of the drug law subsequently amended by the Fair Sentencing Act, the sentence was based on the amended provision despite a reference in the plea agreement to a non-amended portion of the Act.

The reference to the non-amended provision, however, establishes it as the applicable range as distinct from the agreed-upon range, foreclosing any revisiting of the sentence, as the applicable range wasn't amended.

USA V. ROBERT PLEASANT