United States v. Kelley, No. 19-30066 (9th Cir. 2020)
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The First Step Act of 2018 does not permit a plenary resentencing proceeding in which a defendant's career offender status can be reconsidered. The Act permits the court to sentence "as if" parts of the Act had been in place at the time the offense occurred, not "as if" every subsequent judicial opinion had been rendered or every subsequent statute had been enacted.
The Ninth Circuit held that the district court properly exercised its discretion when it acknowledged that the Act did not authorize it to conduct a plenary resentencing and instead recalculated defendant's Guidelines range to be 188-235. The panel held that the district court correctly applied the applicable laws existing when defendant's covered offense was committed, "as if" the Act was also in existence. The district court then proceeded to the second step of the resentencing and exercised its discretion to impose a reduced term of imprisonment of 180 months. The panel found no error in the district court's approach.
Court Description: Criminal Law. Affirming the sentence imposed on a motion for a reduced sentence, the panel held that the First Step Act of 2018 does not permit a plenary resentencing proceeding in which a defendant’s career offender status can be reconsidered. The panel explained that the First Step Act permits the court to sentence as if parts of the Fair Sentencing Act of 2010 had been in place at the time the offense occurred, not as if every subsequent judicial opinion had been rendered or every subsequent statute had been enacted. The panel concluded that the district court in this case properly exercised its discretion when it applied the applicable laws that existed when the defendant’s covered offense was committed, as if the Fair Sentencing Act was also in existence, resulting in a recalculated Sentencing Guidelines range of 188 to 255 months, and in imposing a reduced term of imprisonment of 180 months at the second step of resentencing. UNITED STATES V. KELLEY 3
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