U.S. v. Godinez

Dist. Ct. erred in sentencing defendant to 204-month term of incarceration on conspiracy to distribute drugs and unlawful possession of firearm offenses, where said sentence was based on information presented under 21 USC section 951 regarding defendant's prior Ohio conviction for possession of cocaine that Dist. Ct. believed made him eligible for mandatory minimum sentence of 10-years' imprisonment, rather than applicable five-year mandatory minimum.  Under applicable First Step Act of 2018, defendant's prior conviction had to qualify as "serious drug felony," i.e. offense involving manufacture, distribution or possession with intent to manufacture or distribute controlled substance in order to qualify for 10-year mandatory minimum sentence, and Ohio statute at issue did not indicate that conduct proscribed necessarily entailed intent to manufacture or distribute controlled substance. Fact that defendant's Ohio conviction involved possession of more than 100 grams of crack cocaine or 1,000 grams of powder cocaine, which suggested intent to distribute, did not require different result. As such, remand was required for new sentencing hearing that concerned, at starting point, only 5-year mandatory minimum sentence.