Dist. Ct. erred in denying defendant’s motion for re-sentencing pursuant to section 404 of First Step Act, after finding that defendant’s prior conviction on charge of possession with intent to distribute mixture containing cocaine base that resulted in 295-month term of incarceration was not covered offense under First Step Act. Relevant statute of conviction included both section 841(a)(1) and section 841(b)(1)(C), and First Step Act applied to defendant‘s drug distribution conviction, where statutory penalties for sections 841(a)(1) and (b)(1)(C) were modified by section 2 of Fair Sentencing Act, since it changed quantities of crack cocaine to which section 841(b)(1)(C) applies. As such, remand was required for determination as to whether defendant was eligible for re-sentencing under First Step Act.
Federal 7th Circuit Court
Criminal Court
Sentencing