United States v. Russell, No. 19-12717 (11th Cir. 2021)
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After the district court construed defendant's pro se letter as a motion for a sentence reduction and, without giving him any opportunity to be heard, denied the motion, defendant filed a pro se motion for reconsideration. The district court also denied the motion for reconsideration.
Applying the framework in United States v. Jones, 962 F.3d 1290, 1293 (11th Cir. 2020), the Eleventh Circuit concluded that defendant is eligible for a sentence reduction under the First Step Act, but the court cannot tell whether the district court understood that it had the authority to reduce his sentence. Accordingly, the court vacated the district court's orders denying a sentence reduction and remanded for further proceedings.
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