United States v. Speed, No. 19-2708 (7th Cir. 2020)
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Each of the three defendants in these consolidated appeals was convicted of at least one “covered offense” under the First Step Act, 132 Stat. 5194. A “covered offense” is a federal crime (committed before August 3, 2010) for which the statutory penalties were modified by the Fair Sentencing Act of 2010. They each unsuccessfully sought a sentence reduction.
The Seventh Circuit reversed and remanded. If a defendant’s aggregate sentence includes both covered and non-covered offenses, a court may reduce the sentence for the non-covered offenses and, if the Fair Sentencing Act did not alter the Guidelines range for a defendant’s covered offense, a court may still reduce the defendant’s sentence for that offense.
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