First Step Act – Sentencing Relief

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7^th Circuit Court of Appeals

Case Name: United States of America v.  Jamell Newbern

Case No.: 22-1244

Officials: FLAUM, SCUDDER, and KIRSCH, Circuit Judges

Focus: First Step Act – Sentencing Relief

Recently, the Supreme Court decided in Concepcion v. United States, that “when deciding a First Step Act motion, district courts bear the standard obligation to explain their decisions and demonstrate that they considered the parties’ arguments.” 142 S. Ct. 2389, 2404 (2022). Jamell Newbern appeals the denial of his request for sentencing relief under the First Step Act. He is correct that the district court fell short in demonstrating that it had considered one of his primary arguments for relief. At bottom, though, Concepcion requires district courts to respond to defendants’ nonfrivolous arguments for relief, specifically his good behavior in prison. With Concepcion now on the books, it is clear to the court that the district court’s failure to address Newbern’s good conduct argument rises to the level of procedural error.

Vacated and Remanded

Decided 10/12/22 

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