United States v. Boulding, No. 19-1590 (6th Cir. 2020)
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In 2008, Boulding was convicted of conspiracy to distribute and to possess with intent to distribute, 50 grams or more of cocaine base, 21 U.S.C. 846, 841(a)(1), and 841(b)(1)(A)(iii), and possession with intent to distribute five grams or more of cocaine base. His PSR found Boulding responsible for 650.4 grams of crack cocaine. The district court accepted this finding over Boulding’s objection. The PSR also applied sentencing increases for possession of a dangerous weapon, for Boulding’s role as an organizer, and for obstruction of justice. Boulding’s attorney objected but did not seek a judicial determination because the statutory mandatory minimum (life in prison) controlled Boulding’s sentence. The court stated that the enhancements were justified. Boulding had two prior felony drug convictions. The Sixth Circuit affirmed Boulding’s life sentence.
In 2018, Boulding sought a reduction of his sentence under the First Step Act. The court imposed a reduced sentence of 324 months but denied Boulding a de novo resentencing hearing and an opportunity to address previously-frivolous objections to sentencing enhancements. The Sixth Circuit affirmed that Boulding is eligible for resentencing and remanded. Because the Act’s definition of a “covered offense” ties eligibility to the statute of conviction, the court held that eligibility for resentencing under the First Step Act is a categorical inquiry governed by the statute of conviction rather than the defendant's conduct. Eligible defendants are not entitled to plenary resentencing, but discretion to deny resentencing is not unfettered. An eligible defendant is entitled to an accurate amended guideline calculation and renewed consideration of the 18 U.S.C. 3553(a) factors and must be allowed to raise objections.
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