Case: 10-30555 Document: 00512152839 Page: 1 Date Filed: 02/22/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
February 22, 2013
No. 10-30555
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
CARLOS B. MOORE,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 5:09-CR-279-11
Before REAVLEY, JOLLY, and DAVIS, Circuit Judges.
PER CURIAM:*
Carlos B. Moore appeals the 292-month prison sentence imposed following
his guilty plea conviction of conspiracy to possess with the intent to distribute
50 grams or more of crack cocaine. He argues that his sentence should be
vacated and that his case should be remanded for resentencing under the Fair
Sentencing Act of 2010 (FSA), 21 U.S.C. § 801, which was enacted during the
pendency of his appeal.
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
Case: 10-30555 Document: 00512152839 Page: 2 Date Filed: 02/22/2013
No. 10-30555
Criminal sentences are reviewed for reasonableness, using an abuse of
discretion standard. Gall v. United States, 552 U.S. 38, 46-51 (2007). This court
reviews de novo the interpretation of a sentencing statute. United States v.
Salazar, 542 F.3d 139, 144 (5th Cir. 2008).
Moore’s claim is without merit. The FSA does not apply retroactively to
defendants, like Moore, who were sentenced before its enactment. See Dorsey
v. United States, 132 S. Ct. 2321, 2328-36 (2012); United States v. Doggins, 633
F.3d 379, 384 (5th Cir. 2011). Additionally, insofar as Moore contends the FSA
must apply immediately to correct a claimed equal-protection violation caused
by the statute under which he was sentenced, our court has never recognized
such a violation stemming from the sentencing disparity of the prior law. See,
e.g., United States v. Fisher, 22 F.3d 574, 579 & n.21 (5th Cir. 1994) (noting
cocaine-base sentencing disparity not unconstitutional).
AFFIRMED.
2