U.S. v. Uriarte

Dist. Ct. did not err in sentencing defendant to 29-year term of incarceration on various drug and racketeering charges, where said sentence was based on provisions of First Step Act, even though said offense and defendant’s original sentence of 50 years occurred prior to enactment of First Step Act. Record showed that Ct. of Appeals had vacated on unrelated grounds defendant’s original sentence, and that Dist. Ct. had not imposed instant 20-year sentence by enactment date of First Step Act. Section 403(b) of First Step Act states that it applies to offenses committed prior to its enactment date if “sentence for the offense has not been imposed as of such date of enactment,” and Dist. Ct. could properly find that sentencing provisions of First Step Act applied to instant case, since: (1) defendant was awaiting his new sentence at time of enactment date; and (2) there is nothing in text of First Step Act that suggested that Congress intended to create exception to ordinary effect of vacatur of sentence. (Dissent filed.)