Eleventh Circuit Court of Appeals - Published Opinions

Wednesday, May 19, 2021

Potts: No Abuse of Discretion in Declining to Reduce SR Term Under Section 404 of the First Step Act

In United States v. Potts, No. 19-12061 (May 19, 2021) (Lagoa, Hull, Marcus), the Court affirmed the denial of a motion for a sentence reduction under Section 404.

The Court held that the district court did not abuse its discretion in declining to reduce one of the defendant’s terms of supervised release.  The district court referred to the 3553(a) factors, the facts and circumstances of the case, the government’s response, probation’s memorandum, and the defendant had an extensive criminal history.  The Court rejected the defendant’s argument that the record did not permit meaningful appellate, distinguishing its recent decisions in Stevens and Russell.