United States v. El Herman, No. 19-2920 (8th Cir. 2020)
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The Eighth Circuit held that the transferee court has jurisdiction to resolve a motion to reduce sentence under the First Step Act of 2018 when the offender is serving a term of supervised release and the sentencing court has transferred jurisdiction over the offender to another district court.
In this case, the district court in Northern Iowa dismissed defendant's motion under the First Step Act, without prejudice, on the ground that it lacked jurisdiction over the motion after the transfer. The district court in Northern Illinois later denied defendant's motion for relief under the First Step Act, and he did not appeal that decision to the Seventh Circuit. The court held that the transferee court in the Northern District of Illinois was the district court with jurisdiction to consider defendant's motion to reduce sentence under the First Step Act. The court explained that the powers of the transferred court under 18 U.S.C. 3583 encompasses the authority to resolve defendant's motion under the First Step Act. The court affirmed the judgment.
Court Description: [Colloton, Author, with Gruender and Grasz, Circuit Judges] Criminal case - Sentencing. Jurisdiction over defendant's First Step Act motion lies with the the district to which jurisdiction over his supervised release has been transferred; the powers of the transferred court under 18 U.S.C. Sec. 3583 encompass the authority to resolve his motion under the Act.
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