UNITED STATES v. COPLEN (2021)

[Unpublished]

After considering a number of factors, the district court ¹ reduced Antwan Coplen's life sentence to 360 months in prison under the First Step Act. See Pub. L. No. 115-391, 132 Stat. 5194 (2018). Though he challenges the decision on a host of grounds, we affirm.

We conclude that the district court did not abuse its discretion when it declined to reduce Coplen's sentence even further. See United States v. Harris, 960 F.3d 1103, 1106 (8th Cir. 2020) (articulating the standard of review). Nor is a motion like this one the proper way to challenge aspects of his original sentencing. See United States v. Moore, 963 F.3d 725, 728 (8th Cir. 2020) (explaining how motions under the First Step Act are different from “original, plenary sentencing” proceedings); see also United States v. Denson, 963 F.3d 1080, 1089 (11th Cir. 2020) (refusing to entertain an attack on the original sentence in a sentence-reduction proceeding under the First Step Act).

We accordingly affirm the judgment of the district court, deny the pro se motion, and grant counsel permission to withdraw.

FOOTNOTES

1.   The Honorable Rebecca Goodgame Ebinger, United States District Judge for the Southern District of Iowa.

PER CURIAM.