United States v. Jason Austin
21-2025
7th Cir.Dec 17, 2021Background
- Jason Austin was convicted in 2012 of one count of conspiracy to distribute heroin and crack and five counts of distributing crack cocaine under 21 U.S.C. § 841(a)(1) and § 846.
- The jury attributed less than 100 grams of heroin to the conspiracy; his conviction exposures were governed by § 841(b)(1)(C).
- In 2014 the district court sentenced Austin to 420 months’ imprisonment; this sentence was affirmed on direct appeal in 2015.
- Austin moved in 2020 under the First Step Act § 404 seeking a sentence reduction based on the Fair Sentencing Act’s changes to crack-cocaine statutory thresholds.
- The district court denied relief, reasoning the Fair Sentencing Act did not alter the statutory penalties applicable to Austin’s § 841(b)(1)(C) convictions and noting guideline challenges belong on direct appeal.
- On appeal the Seventh Circuit affirmed, relying on the Supreme Court’s decision in Terry v. United States that the Fair Sentencing Act did not modify § 841(b)(1)(C), rendering Austin ineligible for First Step Act relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Austin is eligible for a sentence reduction under the First Step Act based on the Fair Sentencing Act | Govt: FSA did not change statutory penalties for Austin’s § 841(b)(1)(C) conviction, so First Step Act relief is unavailable | Austin: FSA’s changes to crack sentencing make him eligible for a reduced sentence under the First Step Act | Court held Austin is ineligible because Terry confirmed the FSA did not modify § 841(b)(1)(C) |
| Whether district court erred by saying guideline challenges needed to be raised on direct appeal | Govt: district court correctly noted guideline challenges belong on direct appeal | Austin: (sought resentencing under First Step Act rather than re-litigating guideline calculations) | Court left intact district court’s procedural statement—guideline challenges belong on direct appeal; primary issue was statutory eligibility |
Key Cases Cited
- United States v. Austin, 806 F.3d 425 (7th Cir. 2015) (affirming conviction and sentence)
- United States v. Shaw, 957 F.3d 734 (7th Cir. 2020) (addressing First Step Act/Fair Sentencing Act retroactivity)
- Terry v. United States, 141 S. Ct. 1858 (U.S. 2021) (holding Fair Sentencing Act did not modify § 841(b)(1)(C))