James LeRay McIntosh pleaded guilty to drug and firearm charges under an indictment that misstated the offense date. The government obtained a second indictment with the correct date, dismissed the original after the plea, and later dismissed the second indictment after an earlier appeal held that the second prosecution violated double jeopardy. McIntosh argued that the district court could not sentence him without a pending indictment, that sentencing violated the Fifth Amendment, and that he should withdraw his plea. The Eleventh Circuit held that his valid conviction under the original indictment survived that indictment’s dismissal and supplied jurisdiction for sentencing. The court also held that the Grand Jury Clause and Federal Rules of Criminal Procedure require an indictment before a defendant is tried or pleads, but do not require one to remain pending after a valid conviction. It affirmed the rulings denying termination and plea withdrawal. Because McIntosh was sentenced after the Fair Sentencing Act took effect, however, the court held that the Act’s revised crack-cocaine penalties applied even though he committed the offenses earlier. It vacated the sentence and remanded for resentencing under the revised provisions. Judge Carnes concurred in part.