Ninth Circuit - First Step Act of 2018

United States v. Voris, 964 F.3d 864 (9th Cir. 2020). The defendant was not entitled to resentencing under the First Step Act because it was enacted after his sentencing for multiple 18 U.S.C. § 924(c)(1)(C) convictions, which arose in the same proceeding and carried several consecutive 25-year sentences. The Act does not apply to cases pending on appeal when it was enacted.

United States v. Asuncion, 974 F.3d 929 (9th Cir. 2020). Section 401 of the First Step Act, which reduces mandatory minimum penalties for certain drug offenses and amends the definitions of prior offenses triggering those penalties, does not apply to a defendant whose appeal was pending when the FSA was passed.

United States Aruda, 993 F.3d 797 (9th Cir. 2021). The Sentencing Commission’s policy statement at USSG §1B1.13 defining “extraordinary and compelling reasons” does not apply to defendant-filed motions for compassionate release.

United States v. Lopez, 998 F.3d 431 (9th Cir. 2021). A defendant is disqualified from statutory safety valve relief only if all three conditions found at 18 U.S.C. § 3553(f)(1) are met. That is, a defendant is only barred from safety valve relief if the defendant has more than four criminal history points, a prior three-point offense, and a prior two-point violent offense.

United States v. Keller, 2 F.4th 1278 (9th Cir. 2021). The court must enforce the administrative exhaustion rule in 18 U.S.C. 3582 (c)(1)(A) (Compassionate Release) when the government properly invokes the requirement.

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