Eighth Circuit: United States v. Clarence Robinson

 

Existence of a second statutory basis, based on the drug quantity determinations made during sentencing, for the life sentence imposed at original sentencing does not make the petitioner ineligible for relief under the statute.  Since the statute looks to the offense of conviction and not the underlying facts, the sentence imposed for the offense of conviction should be modified.

DISSENT:

Given the findings, the petitioner would have been sentenced under the second statutory basis at the original sentencing, which makes him ineligible for relief.

http://media.ca8.uscourts.gov/opndir/21/08/201947P.pdf

Third Circuit: USA v. Jamell Birt

As the First Step Act made retroactive the modification of the statutory minimum quantities of prohibited substances, a conviction under the parallel catch-all provision where no minimum quantity is specified was not made subject to retroactive review.   Circuit Split flagged.

[Inaugurating the First Step Act tag -- seems to be a thing of late.  It's the new ACCA, perhaps.]

USA v. Jamell Birt