United States v. Mitchell (3rd Cir. June 2022)

The Federal Docket

July 14, 2022

Tyrone Mitchell was convicted and sentenced for drug and firearm offenses including a conviction under 18 USC 924(c). Mitchell initially challenged his sentence and won, but before he did, Congress passed the First Step Act.

On remand for resentencing, the question arose whether he should be sentenced under the amended 924(c), which reduced the mandatory minimum penalties, or the prior version that was in effect when he was initially charged and then sentenced.

The Third Circuit concluded that the amended version of 924(c) applies in cases where a defendant is being resentenced after their prior sentence, imposed before the First Step Act’s enactment, was vacated as procedurally unconstitutional.

Appeal from the Eastern District of Pennsylvania
Opinion by Roth, joined by Ambro and Bibas

Click here to read the opinion.

Tom Church - Tom is a trial and appellate lawyer focusing on criminal defense and civil trials. Tom is the author of "The Federal Docket" and is a contributor to Mercer Law Review's Annual Survey in the areas of federal sentencing guidelines and criminal law. Tom graduated with honors from the University of Georgia Law School where he served as a research assistant to the faculty in the areas of constitutional law and civil rights litigation. Read Tom's reviews on AVVO. Follow Tom on Linkedin.

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