United States v. Donald Shephard, No. 21-1676 (8th Cir. 2022)
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A jury convicted Defendant of distributing more than 50 grams of cocaine base. The district court sentenced Defendant to life in prison on this count. Defendant moved for a sentence reduction under Section 404 of the First Step Act of 2018. The district court found Defendant eligible for a reduction and reduced his sentence to 480 months, his new statutory maximum penalty under Section 841(b)(1)(B) as modified by section 2 of the Fair Sentencing Act. Defendant appealed, arguing the court procedurally erred in recalculating his amended advisory guidelines range and abused its discretion by imposing a statutory maximum term of imprisonment.
The Eighth Circuit affirmed. The court explained that the district court applied the 292–365-month guidelines range from the PSR addendum, based on the retroactive guidelines change in Amendment 782 but not on the nonretroactive change in Amendment 742. This was not a procedural error. Further, the court explained, the district court proceeded in a logical, careful manner to resolve multiple interlocking issues and then confirmed the amended guidelines range in its final order granting First Step Act relief. Thus, there was no procedural error.
Finally, the court concluded that the district court did not abuse its substantial First Step Act discretion. The district court did not overstate the seriousness of Defendant’s offense. His three-year evasion of authorities after skipping bond, his misconduct at his sentencing hearing, and his serious conduct violations while incarcerated show a lack of acceptance of responsibility and a failure to adjust his behavior.
Court Description: [Loken, Author, with Arnold and Kobes, Circuit Judges] Criminal case - Sentencing. In considering defendant's First Step Act motion for a sentence reduction, the district court was not required to apply Guidelines Amendment 742, a nonretroactive amendment that would have reduced defendant's amended range; the district court correctly determined the amended guidelines range before ruling on the First Step Act motion; the district court explained the reasons for its First Step Act sentencing decision and did not abuse its discretion in imposing a sentence which reduced defendant's time from life to 480 months.
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