UNITED STATES v. HINES (2021)

This appeal raises one question: Under the First Step Act of 2018,¹ is Detroit Hines eligible for a sentence reduction based on his convictions under 21 U.S.C. § 841(b)(1)(C)? The district court said no, and we stayed this case pending the Supreme Court's decision in Terry v. United States.² The Court recently decided Terry, answering the question posed in this case. The Court held that the Fair Sentencing Act, made retroactive by the First Step Act, “did not modify the statutory penalties for” offenses under § 841(b)(1)(C). So, the First Step Act did not make an offender under § 841(b)(1)(C) eligible for a sentence reduction.³ We therefore AFFIRM the district court's judgment.

FOOTNOTES

FOOTNOTE.  

1.   Pub. L. 115-391, 132 Stat. 5194.

2.   Terry v. United States, 2021 WL 2405145, ––– U.S. ––––, ––– S.Ct. ––––, ––– L.Ed.2d –––– (June 14, 2021).

3.   Id. at *4.

Per Curiam:* FN* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.