United States v. Gonzalez, No. 19-14381 (11th Cir. 2021)
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The Eleventh Circuit joined the Fourth and Sixth Circuits in holding that a sentence imposed upon the revocation of supervised release qualifies for a reduction under section 404(b) of the First Step Act when the underlying crime is a covered offense under the Act.
However, the court also concluded that the district court did not abuse its discretion in denying defendant's motion for a sentence reduction. In this case, the district court provided an alternative reason for the denial of a sentence reduction based on defendant's "unwillingness or inability to abide by the law" and his "continued lawless behavior"—as demonstrated by his prison disciplinary record and most recent drug and firearm offenses—and a concern about recidivism. The court concluded that the district court's reasons were clear, supported by the record, and did not constitute an abuse of discretion.
The court issued a subsequent related opinion or order on June 21, 2023.
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