United States v. White, No. 19-3058 (D.C. Cir. 2020)
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The DC Circuit reversed the district court's denial of appellants' motions for reduced sentences under section 404 of the First Step Act. The court held that the district court erred in determining that if a defendant was convicted of a "covered offense" and is thus eligible for relief under section 404, "the final issues to address are whether relief is available and, if so, to what extent a sentence reduction is warranted as a matter of discretion." Rather, the court explained that there is no additional "availability" requirement in section 404 beyond the covered offense requirement in section 404(a) and the limitations set forth in section 404(c).
The court also held that the district court, in reaching its alternative judgment, was unclear as to whether it properly weighed the factors listed in 18 U.S.C. 3553(a). Furthermore, there is nothing indicating that the district court weighed the mitigating factors raised by appellants, including post-sentencing conduct. Finally, the district court relied on inaccurate information in weighing the claims raised by Appellant Hicks. Accordingly, the court remanded so that the district court may exercise its discretion under section 404.
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