CASE LAW UPDATE: Whether the trial court did not err in granting sentencing reduction based upon subsequent change in law?
Defendant appealed from the denial of his motion for a sentence reduction under the First Step Act. Defendant had pleaded guilty to conspiracy to distribute cocaine base. The sentencing court calculated a guidelines range of 262 to 327 months, finding that defendant qualified for career offender status. Under a subsequent change in law, twelve (12) years later, the defendant would not qualify as a career offender. Notwithstanding, the District Court denied defendant’s motion for a sentence reduction. Where the District Court was permitted but not required to consider the current sentencing guidelines, despite defendant’s post sentence rehabilitation, the District Court did not abuse its discretion in declining to grant sentence reduction.
United States v. McDaniel, 21-1347, per curiam. Appealed from United States District Court, Western District of Missouri.
Minneapolis Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.