LAW.coLAW.co

UNITED STATES v. COPELAND (2021)

United States Court of Appeals, Eleventh Circuit.2021-07-02No. No. 20-12106

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

Kenneth Copeland appeals the district courts denial of his motion for a reduced sentence under Section 404 of the First Step Act of 2018, arguing that the district court erred in concluding that he was ineligible for a sentence reduction because his conviction under 21 U.S.C. § 841(b)(1)(C) was not a covered offense. 1

Because Copelands claim is foreclosed by the Supreme Courts recent decision in Terry v. United States, ––– U.S. ––––, 141 S. Ct. 1858, 1862–64, ––– L.Ed.2d –––– (2021), which held that § 841(b)(1)(c) is not a covered offense under the First Step Act, we affirm. AFFIRMED.

FOOTNOTES

1

.   “When Congress enacted the First Step Act of 2018, it granted district courts discretion to reduce the sentences of crack-cocaine offenders [who were sentenced for a covered offense] in accordance with the amended penalties in the Fair Sentencing Act [of 2010].” United States v. Jones, 962 F.3d 1290, 1297 (11th Cir. 2020). PER CURIAM: