United States v. Gravatt, No. 19-6852 (4th Cir. 2020)Annotate this Case
A conspiracy that involves the distribution of 50 or more grams of crack cocaine, which is a "covered offense" under the First Step Act of 2018 because the penalties for it were modified by the Fair Sentencing Act, remains a covered offense if the conspiracy also charges distribution of powder cocaine, the penalties for which were not modified.
In this case, defendant pleaded guilty to knowingly and willfully conspiring with others to unlawfully possess with intent to distribute and to distribute 50 grams or more of crack cocaine and 5 kilograms or more of powder cocaine. Because defendant's sentence involved a covered offense under Section 404(a) and Section 404(c)'s limitations do not apply, the district court should have reviewed defendant's motion on the merits, applying its discretion under Sections 404(b) and (c). Accordingly, the Fourth Circuit vacated the district court's order and remanded for further proceedings.