United States v. Smith, No. 19-1615 (1st Cir. 2020)
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The First Circuit reversed the order of the district court denying Defendant's request for a sentence reduction under Section 404 of the First Step Act of 2018, holding that the district court erred in finding that Defendant was ineligible for a reduction on the grounds that his offense was not a "covered offense" under the First Step Act.
Specifically, the district court concluded that because the penalties for the quantity of controlled substances attributed to Defendant remained the same after passage of the Fair Sentencing Act of 2010, he was not convicted for "a violation of a Federal criminal statute, the statutory penalties for which were modified." The First Circuit reversed and remanded the case, holding that Congress intended to provide potential relief to persons like Defendant whose penalties were dictated by 21 U.S.C. 841(b)(1)(C), and therefore, Defendant was convicted for a "covered offense" under Section 404.