United States v. Bailey, No. 20-5384 (6th Cir. 2022)
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Based on convictions for cocaine possession and facilitating second-degree murder Bailey was incarcerated until 2005. In 2008, Bailey was convicted for the possession and distribution of crack and powder cocaine, 21 U.S.C. 846, 841(a)(1), (b)(1). Because Bailey had a prior felony drug conviction, he was subject to an enhanced mandatory minimum of 20 years’ imprisonment for the (b)(1)(A) offenses. Bailey was also classified as a career offender, resulting in a Guidelines range of 360 months to life imprisonment. The court imposed a 360-month sentence. The 2010 Fair Sentencing Act increased the quantity of cocaine base necessary to trigger certain statutory penalties; the 2018 First Step Act allows courts to apply the change retroactively.
Bailey sought a reduced sentence, citing his efforts at rehabilitation, his continuous employment during his incarceration, and his incident-free record in custody. The district court denied Bailey’s request, finding that the First Step Act did not affect Bailey’s guideline range as a career offender and that his sentence was already at the bottom of his Guidelines range. The Sixth Circuit affirmed. The district court had the authority to reduce Bailey’s sentence, but neither Act required it to do so; not reducing his sentence was not an abuse of discretion.
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