February 04th, 2021

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United States v. Winters

Docket: 20-30138
Opinion Date: February 3, 2021
Judge: Leslie Southwick
Areas of Law: Criminal Law

The Fifth Circuit affirmed the district court's decision to reduce defendant's sentence under the First Step Act. The court held that defendant's dual-object conspiracy offense under 21 U.S.C. 846, which was committed before August 3, 2010, is a covered offense under Section 404(a) of the First Step Act. The court also held that the district court had statutory authority under Section 404 to reduce defendant's sentence from 233 months to 180 months. Finally, the court held that neither of Section 404(c)'s limitations apply. Therefore, defendant is eligible for relief under the First Step Act.

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