U.S. v. Bethany

Defendant is entitled to limited remand concerning Dist. Ct.’s imposition of 250-month term of incarceration, where Ct. of Appeals found that defendant was entitled to benefit of section 401 of First Step Act, since defendant’s conviction on conspiracy to distribute crack cocaine occurred prior to enactment date of First Step Act, and since defendant was still awaiting new sentencing hearing at time of Act’s enactment date. Fact that defendant’s original sentence had been imposed and vacated prior to Act’s enactment date did not support govt.’s argument that First Step Act did not apply. However, record suggested that Dist. Ct. would have imposed same sentence regardless of whether section 401 of First Step Act applied. Accordingly, Ct. of Appeals retained jurisdiction of instant appeal and directed Dist. Ct. to determine whether it is inclined to impose same sentence. Moreover, if Dist. Ct. informs Ct. of Appeals that it is not inclined to re-sentence defendant, Ct. of Appeals will consider whether instant sentence is reasonable.