This case is remanded with instructions that the district court proceed with re-sentencing in light of, and in accordance with, the First Step Act of 2018, S. 756, 115th Cong. (2018) (enacted but not yet codified). Under the Act, [a] court that imposed a sentence for a covered offense may, on motion of ... the court, impose a reduced sentence as if sections 2 and 3 of the Fair Sentencing Act of 2010 ( Public Law 111-220 ; 124 Stat. 2372) were in effect at the time the covered offense was committed. First Step Act § 404(b). Had section 2 of the Fair Sentencing Act of 2010 been in effect at the time Spearman committed his offense, he would have been subject to a term of imprisonment which may not be less than 10 years and not more than life imprisonment.... 21 U.S.C. § 841(b)(1)(B).
This case is remanded for this limited purpose only and without prejudice to the arguments made on appeal. We retain jurisdiction over the certified claims in the 28 U.S.C. § 2255 appeal. The parties shall bear their own costs of appeal.
REMANDED.