History
  • No items yet
midpage
United States v. Eddie Lee Hudson
20-13953
| 11th Cir. | Jul 9, 2021
|
Check Treatment
|
Docket

*1 Before WILSON, BRANCH, and GRANT, Circuit Judges.

PER CURIAM:

Eddie Hudson appeals the district court’s denial of his motion to reduce his sentence under § 404 of the First Step Act of 2018, arguing that the district court erred in finding that he was not entitled to a sentence reduction because his conviction under 21 U.S.C. § 841(b)(1)(C) was not a “covered offense.”

The First Step Act made retroactive the statutory penalties for a “covered offense” under the Fair Sentencing Act of 2010. See First Step Act § 404 (“A court that imposed a sentence for a covered offense may . . . impose a reduced sentence as if sections 2 and 3 of the Fair Sentencing Act of 2010 were in effect at the time the covered offense was committed.” (citation omitted)). The First Step Act defines a “covered offense” as “a violation of a Federal criminal statute, the statutory penalties for which were modified by section 2 or 3 of the Fair Sentencing Act of 2010, that was committed before August 3, 2010.” Id. § 404(a) (citation omitted). The question here is whether a defendant, like Hudson, who was sentenced for a crack-cocaine offense under § 841(b)(1)(C), has a “covered offense” that would render him eligible for a sentence reduction under the First Step Act.

In a recent decision, the Supreme Court held that the Fair Sentencing Act did nothing to modify the statutory penalty for § 841(b)(1)(C). Terry v. United States , 141 S. Ct. 1858 (2021). Under the Supreme Court’s holding in Terry , Hudson’s *3 conviction under § 841(b)(1)(C) is not a covered offense. Therefore, the district court did not err in finding him ineligible for a sentence reduction.

AFFIRMED.

Case Details

Case Name: United States v. Eddie Lee Hudson
Court Name: Court of Appeals for the Eleventh Circuit
Date Published: Jul 9, 2021
Docket Number: 20-13953
Court Abbreviation: 11th Cir.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.