United States v. Altedias Campbell, No. 21-1310 (8th Cir. 2021)
Annotate this CaseCourt Description: [Per Curiam. Before Gruender, Shepherd, and Kobes, Circuit Judges] Criminal Case - First Step Act. The district court correctly found that Campbell was ineligible for relief under the First Step Act, as statutory penalty for conviction under 28 U.S.C. sec. 841(b)(1)(C) is not a covered offense.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 21-1310 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Altedias Maurice Campbell lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Northern District of Iowa - Eastern ____________ Submitted: November 29, 2021 Filed: December 2, 2021 [Unpublished] ____________ Before GRUENDER, SHEPHERD, and KOBES, Circuit Judges. ____________ PER CURIAM. Altedias Campbell appeals after the district court1 denied his motion seeking a sentence reduction under the First Step Act. His counsel has moved for leave to withdraw, and has filed a brief challenging the denial. 1 The Honorable C.J. Williams, United States District Judge for the Northern District of Iowa. Upon careful review, we conclude that the district court correctly found that Campbell was ineligible for relief under the First Step Act. See Terry v. United States, 141 S. Ct. 1858, 1863-64 (2021) (because Fair Sentencing Act did not modify statutory penalties for § 841(b)(1)(C), a conviction under that section is not a covered offense for purposes of the First Step Act); United States v. McDonald, 944 F.3d 769, 771 (8th Cir. 2019) (defendant’s eligibility for reduced sentence under First Step Act is reviewed de novo). Accordingly, we affirm the judgment of the district court and grant counsel permission to withdraw. ______________________________ -2-
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