UNITED STATES v. DAVIS (2021)

Michael Freddie Davis appeals the district court's order denying his motion for reconsideration of the district court's previous denial of his motion for reduction of sentence under the First Step Act, Pub. L. No. 115-391, § 404(b), 132 Stat. 5194, 5222 (“First Step Act”).  ^* Davis was convicted of distributing 4.9 grams of crack cocaine, in violation of 21 U.S.C. § 841(b)(1)(C). A conviction under § 841(b)(1)(C) does not constitute a covered offense under the First Step Act. See Terry v. United States, ––– U.S. ––––, 141 S. Ct. 1858, 1864, 210 L.Ed.2d 108 (2021). Accordingly, we affirm the district court's order. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

AFFIRMED

FOOTNOTES

FOOTNOTE.   We conclude that Davis’ motion was properly before the district court because the Government did not fill an opposition to the motion for reconsideration. See United States v. May, 855 F.3d 271, 274-75 (4th Cir. 2017).

PER CURIAM:

Affirmed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.