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United States v. Germell Allmond, 4th Cir. (2012)

Germell Allmond appealed the partial grant of his motion to reduce his sentence under the Fair Sentencing Act of 2010. The U.S. Court of Appeals for the Fourth Circuit affirmed the district court's decision. The appellate court found that while Allmond wanted adjustments made to his other convictions as well, the Fair Sentencing Act only applies to crack cocaine offenses, not other crimes. Therefore, the district court correctly only adjusted Allmond's sentence for his crack cocaine conviction and not his other offenses.

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165 views2 pages

United States v. Germell Allmond, 4th Cir. (2012)

Germell Allmond appealed the partial grant of his motion to reduce his sentence under the Fair Sentencing Act of 2010. The U.S. Court of Appeals for the Fourth Circuit affirmed the district court's decision. The appellate court found that while Allmond wanted adjustments made to his other convictions as well, the Fair Sentencing Act only applies to crack cocaine offenses, not other crimes. Therefore, the district court correctly only adjusted Allmond's sentence for his crack cocaine conviction and not his other offenses.

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UNPUBLISHED

UNITED STATES COURT OF APPEALS


FOR THE FOURTH CIRCUIT

No. 12-6153

UNITED STATES OF AMERICA,


Plaintiff - Appellee,
v.
GERMELL ALLMOND,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of Virginia, at Newport News. Robert G. Doumar, Senior
District Judge. (4:06-cr-00024-WDK-FBS-1)

Submitted:

March 15, 2012

Decided:

March 20, 2012

Before DUNCAN and FLOYD, Circuit Judges, and HAMILTON, Senior


Circuit Judge.

Affirmed by unpublished per curiam opinion.

Germell Allmond, Appellant Pro Se.


Howard Jacob Zlotnick,
Assistant United States Attorney, Newport News, Virginia, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:
Germell Allmond appeals the district courts partial
grant of his motion to reduce his sentence pursuant to the Fair
Sentencing

Act

of

2010,

Pub.

L.

No.

111220

(the

FSA).

Although Allmond complains that the district court adjusted the


sentence only on his crack cocaine offense and did not adjust
Allmonds sentences on his other convictions, the FSA applies
only to crack cocaine convictions.

It does not give a district

court authority to reduce the sentences imposed upon any of the


other offenses of which Allmond was convicted.

Accordingly, we

affirm the judgment of the district court.


AFFIRMED

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