Tenth Circuit - First Step Act of 2018

United States v. Mannie, 971 F.3d 1145 (10th Cir. 2020). A defendant serving concurrent, coextensive sentences for offenses covered and not covered by the First Step Act, lacks standing to bring a §404(b) motion unless the court has another mechanism for reducing the sentences on the non-covered offenses. Appellate courts review discretionary denials of § 404(b) motions for abuse of discretion. A district court may, but is not required, to hold a hearing on a § 404(b) motion.

United States v. Brown, 974 F.3d 1137 (10th 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 permit plenary resentencing and thus does not allow a court to recalculate the Guidelines range. The FSA, however, allows a court “to at least consider” subsequent decisions clarifying, as opposed to amending, the Guidelines.

United States v. McGee, 992 F.3d 1035 (10th Cir. 2021). The Commission’s policy statement at §1B1.13 does not apply to motions for compassionate release filed by defendants. Nonretroactive penalty reductions, combined with a defendant’s unique circumstances, can constitute extraordinary and compelling reasons.

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