U.S. v. Hible

Dist. Ct. did not err in denying defendants’ motions for reduction of their sentences under First Step Act. With respect to first defendant, Dist. Ct. reduced defendant’s 240-month sentence to 225-months, based on observation that defendant’s distribution of 50 kilograms of powder cocaine at issue in his conviction was outside scope of First Step Act. Moreover, Dist. Ct. could look to defendant’s prior felony in deciding not to reduce defendant’s sentence even further, even though instant prior conviction would not have counted under changes made under First Step Act if defendant had been sentenced at time First Step Act had been enacted, since said change was not retroactive. With respect to second defendant, record showed that: (1) defendant had received life sentence for conspiracy to distribute both crack and powder cocaine; and (2) President Obama commuted defendant’s sentence to 30 years. While defendant argued that he was entitled to further reduction, Dist. Ct. could properly find that under Fair Sentencing Act, statutory minimum sentence for defendant remained life in prison due to quantities at issue in defendant’s distribution of powder cocaine. As such, defendant’s statutory minimum penalty was and remained life in prison, and defendant’s only avenue for further relief was petition for clemency. Ct. also observed that defendants’ motions for reconsideration of Dist. Ct.’s initial denials of their motions seeking relief under First Step Act suspended finality of initial denial orders pending disposition of their motions to reconsider.