Fourth Circuit - First Step Act of 2018

United States v. McCoy, 981 F.3d 271 (4th Cir. 2020). After the passage of the First Step Act of 2018, the policy statement at §1B1.13 applies only to compassionate release motions filed by the Director of the Bureau of Prisons, not those filed by defendants.

United States v. McDonald, 986 F.3d 402 (4th Cir. 2021). The court failed to “provide individualized explanations” of its decisions to deny retroactive sentence reductions under the First Step Act. The defendants presented enough mitigating evidence of their post-sentencing conduct to rebut the presumption on appeal that the district court “sufficiently considered relevant factors.”

United States v. Kibble, 992 F.3d 326 (4th Cir. 2021). An abuse-of-discretion standard governs review of a district court’s grant or denial of compassionate release. The defendant showed “extraordinary and compelling reasons” for relief, but the court did not abuse its discretion in denying relief based on public safety concerns.

United States v. Collington, 995 F.3d 347 (4th Cir. 2021). Section 404 requires a court to reduce a defendant’s sentence for a covered offense to one that is not greater than the statutory maximum penalty established by the Fair Sentencing Act of 2010. In addition, a sentence imposed under section 404 is subject to review for procedural and substantive reasonableness.

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