Sentencing Guidelines – First Step Act

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7^th Circuit Court of Appeals

Case Name: United States of America v. Ralkphfield Hudson, et al.,

Case No.: 19-2075; 19-2476; 19-2708

Officials: BAUER, FLAUM, and KANNE, Circuit Judges.

Focus: Sentencing Guidelines – First Step Act

The First Step Act allows district courts to reduce the sentences of criminal defendants who have been convicted of a “covered offense.” See Pub. L. No. 115-391, 132 Stat. 5194, § 404(a) (2018). A “covered offense” is a federal crime (committed before August 3, 2010) for which the statutory penalties were modified by the Fair Sentencing Act of 2010. Id. § 404(a).

These consolidated appeals present two questions: First, if a defendant’s aggregate sentence includes both covered and non-covered offenses, may a court reduce the sentence for the non-covered offenses? Second, if the Fair Sentencing Act did not alter the Guidelines range for a defendant’s covered offense, may a court reduce the defendant’s sentence for that offense? We answer both questions affirmatively.

Because each defendant was eligible for a sentence reduction under the First Step Act, and because the district courts may reduce sentences for both non-covered offenses grouped with a covered offense and covered offenses for which the Guidelines range has not changed, we REVERSE and REMAND for review and rulings consistent with this opinion.

Reversed and remanded

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.