Dist. Ct. did not err in denying defendant’s motion to reduce his sentence under 18 USC section 3582(c)(1)(A) based, in part, on amendment Congress enacted in First Step Act of 2018 to limit circumstances in which multiple sentences for violations of section 924(c) can be stacked. While defendant’s 33-year sentence was product of stacking that occurred prior to enactment of instant amendment, and while amendment would have precluded instant stacking, defendant could not use section 3582(c)(1)(A) to reduce his sentence, since: (1) Congress expressly decided to make instant amendment apply only prospectively; and (2) instant amendment, whether considered alone or in connection with other facts or circumstances, cannot be deemed “extraordinary and compelling” reason to authorize sentencing reduction under section 3582(c)(1)(A).
Federal 7th Circuit Court
Criminal Court
Sentencing