U.S. v. Newbern

Dist. Ct. erred in denying defendant’s request under First Step Act for reduction of his 300-month sentence on crack cocaine distribution charge. Defendant based instant request, in part, on contention that reduction is sentence was warranted because: (1) his drug quantities under new crack-to-powder ratio would have produced lower sentencing range; and (2) original sentencing judge’s finding that he qualified for career offender status based, in part, in his reckless discharge of firearm conviction no longer applied because under more recent case law, said conviction did not qualify as crime of violence under section 4B1.1(a) of USSG. However, Dist. Ct. could base denial on these two bases, where: (1) original sentencing judge indicated that he would have given same sentence regardless of defendant’s career offender status; and (2) defendant’s guideline range remained same after accounting for reduced crack-to-powder cocaine ratio. However, remand was required for reconsideration of instant request, where Dist. Ct. committed procedural error by failing to address one primary argument that reduction in sentence was appropriate due to defendant’s record of good conduct while in prison.