United States v. Mueller, No. 20-2731 (8th Cir. 2021)
Annotate this CaseThe Eighth Circuit affirmed the district court's judgment declining to exercise its discretion to reduce defendant's sentence under Section 404 of the First Step Act of 2018. The court has repeatedly held that the First Step Act does not mandate that the district court analyze 18 U.S.C. 3553 factors for a permissive reduction in sentence. In this case, the sentencing judge was uniquely positioned to consider the many factors necessary in exercising the court's ultimate discretion and his plain statement regarding its decision not to exercise its discretion closes the matter. Defendant's remaining arguments have been clearly rejected by the court or are without merit.
Court Description: [Loken, Author, with Wollman and Erickson, Circuit Judges] Criminal case - Sentencing. The First Step Act does not mandate that district court analyze Sec. 3553 factors for a permissive reduction in sentence; the district court judge had sentenced defendant initially and had considered his Sec. 3582(c)(2) motion and was uniquely positioned to consider defendant's arguments for a reduction, and the court's plain statement regarding its decision not to exercise its discretion closes the matter; the remainder of defendant's arguments have been clearly rejected by this court or are without merit.
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