USA v. Antonio Soul Gonzalez, No. 19-14381 (11th Cir. 2023)
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Pursuant to a plea agreement, Defendant pled guilty in 2005 to possessing 50 grams or more of cocaine base (i.e., crack cocaine) with intent to distribute, in violation of 21 U.S.C. Sections 841(a)(1) and (b)(1)(A)(iii). The district court sentenced him to 240 months in prison and 120 months of supervised release. In 2014, the district court reduced Defendant’s term of imprisonment to 151 months pursuant to the government’s substantial assistance motion. In 2015, the district court reduced Defendant’s term of imprisonment to 76 months under 18 U.S.C. Section 3582(c)(2). In April 2019, Defendant, proceeding pro se, sought to modify his 57-month sentence under Section 404(b) of the First Step Act. He argued that his original narcotics conviction was now classified as a Class B felony instead of a Class A felony, and as a result, his maximum prison term for a violation of supervised release was three years rather than five. The government opposed a reduction under the First Step Act.
The Eleventh Circuit affirmed. The court explained that the district court here did not abuse its discretion in denying Defendant’s requested sentence reduction because it provided a brief statement of reasons that was clear and supported by the record (explaining that Defendant’s conduct while he was in prison and while on supervision, which involved drug offenses and numerous incidences of insubordination, demonstrated an unwillingness or an inability to abide by the law). As a result, the district court’s explanation of its refusal to reduce Defendant’s sentence due to his “continued lawless behavior” did not violate Concepcion.
This opinion or order relates to an opinion or order originally issued on August 19, 2021.
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