U.S. v. Curtis

Federal 7th Circuit Court
Criminal Court
Sentencing
Citation
Case Number: 
No. 21-2615
Decision Date: 
May 1, 2023
Federal District: 
N.D. Ind., Hammond Div.
Holding: 
Affirmed

Dist. Ct. did not err in granting defendant’s motion for resentencing under First Step Act (Act), with respect to his prior drug convictions, but denying any resentencing treatment with respect to his firearm convictions, which were not covered by said Act. While Dist. Ct. has discretion to reduce aggregate sentence, even if part of said sentence rests on offenses that are neither covered by Act nor grouped with covered conviction(s), Dist. Ct. did not abuse its discretion in failing to reduce sentence for defendant’s firearm convictions, which included causing death of two individuals and carrying of forearm in relation to drug trafficking crime. Record showed that during defendant’s original sentencing hearing, his firearms’ convictions were distinct and disaggregated from his sentencing for his drug convictions. Moreover, only sentence that was aggregated during defendant's original sentencing hearing was his drug convictions, which, under this record, was only sentence that could be examined for resentencing under Act.