United States v. Bethany, No. 19-1754 (7th Cir. 2020)
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Bethany participated in a conspiracy to distribute crack cocaine. He was sentenced in 2013. That sentence was vacated under 28 U.S.C. 2255, and he was resentenced in 2019, after the enactment of the First Step Act of 2018.
The Seventh Circuit ordered a limited remand. Bethany is entitled to the benefit of the First Step Act. When the Act became effective, Bethany was awaiting resentencing. The court considered the possibility that any error in the failure to apply the Act was harmless because the district court made it clear that it did not rely on the mandatory minimum in resentencing Bethany. The record reveals a significant possibility that Bethany would have received the same sentence regardless of whether the Act applied but the district court did refer to the 20-year mandatory minimum and, in a colloquy with the defendant during resentencing, said, “It seems … you’re stuck with the … 20-year mandatory minimum.” Because some ambiguity exists in the resentencing transcript and because of the very significant difference in the mandatory minimum now applicable under the First Step Act, the proper course is a remand. If the district court indicates that it is not inclined to resentence Bethany, the Seventh Circuit will address whether the present sentence is reasonable.
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