Second Circuit - First Step Act of 2018

United States v. Holloway, 956 F.3d 660 (2d Cir. 2020). A defendant’s release from prison does not moot the appeal of a § 404(b) motion when the court could still reduce an undischarged term of supervised release. Eligibility for § 404(b) relief depends only on whether the Fair Sentencing Act modified the statutory penalties for the violation under which the defendant was sentenced. Eligibility for § 404 relief of is not governed by 18 U.S.C. § 3582(c)(2), and a court considering such a motion is not constrained by §1B1.10(a)(2)(b).

United States v. Johnson, 961 F.3d 181 (2d Cir. 2020). Eligibility for a sentence reduction pursuant to § 404(b) of the First Step Act depends on the statute of conviction, not the defendant’s actual conduct.

United States v. Martin, 974 F.3d 124 (2d Cir. 2020). Section 404(b) of the First Step Act, which permits a court to reduce a sentence for a covered offense, does not permit a court to reduce a completed imprisonment term, even when the defendant remains incarcerated for crimes committed while incarcerated on a covered offense.

United States v. Moore, 975 F.3d 84 (2d Cir. 2020). Section 404(b) of the First Step Act, which permits a court to impose a reduced sentence for a covered offense, does not require plenary resentencing. A court is not required to recalculate the Guidelines range, except to reflect changes flowing from the Fair Sentencing Act.

United States v. Brooker, 976 F.3d 228 (2d Cir. 2020). The policy statement at §1B1.13 governing compassionate release does not apply to motions brought by defendants. In such cases, courts may independently determine what “extraordinary and compelling” reasons justify release.

United States v. Chestnut, 989 F.3d 222 (2d Cir. 2021). The defendant’s release from prison mooted his compassionate release motion. The motion was based on COVID-19 risks and care of his children and did not relate to the length of his supervised release term.

United States v. Bryant, 991 F.3d 452 (2d Cir. 2021). The First Step Act amended the criteria for the application of increased mandatory minimum penalties in drug trafficking offenses. These changes do not apply to a defendant seeking a sentencing reduction under § 404(b) of the First Step Act.

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