UNITED STATES v. COPELAND (2021)

Kenneth Copeland appeals the district court's 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 Copeland's claim is foreclosed by the Supreme Court's 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: