U.S. v. Fowowe

Dist. Ct. did not err in denying defendant’s motion under section 404(b) of First Step Act to reduce his 235-month sentence for his conviction on charge of conspiracy to distribute 50 or more grams of cocaine base. While defendant’s 2009 conviction had potential for reduced sentence under First Step Act, Dist. Ct. could properly find that further reduction was not warranted, where: (1) defendant had previously received reduction on different ground from original sentence of 262-month term of incarceration; and (2) further reduction would deprecate seriousness of offense, as well as ignore need for deterrence and need to avoid unwarranted sentencing disparities, especially where instant 235-sentence was below amended guideline range of 324-405 months of incarceration. Ct rejected defendant’s claim that Dist. Ct. was required to apply 2020 court’s decision in Ruth, 966 F.3d 642, that would have reduced defendant’s guideline range even further, since, section 404(b) allows, but does not mandate Dist. Ct. to apply intervening judicial decisions when considering request for reduced sentence. Moreover, Dist. Ct. did not abuse its discretion in failing to apply Ruth and in denying defendant’s request to reduce his 235-month sentence.