Eleventh Circuit Court of Appeals - Published Opinions

Wednesday, December 09, 2020

Taylor: Dual-Object Drug Conspiracy Including Crack Element is a "Covered Offense" Under Section 404 of the First Step Act

 In United States v. Taylor, No. 19-12872 (Grant, Marcus, Axon (N.D. Ala.)), the Court vacated the denial of a  motion for a reduced sentence under Section 404 of the First Step Act.

 The Court held that a dual-object drug conspiracy count including both a crack and a powder element is a “covered offense.”  Even though the Fair Sentencing Act did not modify the statutory penalties for the powder offense, it did modify the statutory penalties for the crack offense.  And that satisfied the “covered offense” definition in Section 404(a).  The district court therefore had discretion to reduce the sentence, though it is not permitted to conduct a plenary or de novo re-sentencing proceeding, and it cannot reduce the sentence based on changes in the law beyond those mandated by the Fair Sentencing Act.