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.