Sentencing/Reductions – The district court is not required to hold a hearing prior to reducing a defendant’s sentence under the First Step Act’s retroactive penalties for crack-cocaine.
Tony Denson filed a motion requesting a sentence reduction for his crack cocaine conviction pursuant to the First Step Act and 18 U.S.C. 3582(c)(1)(B). The Court reduced his sentence without a hearing.
On appeal, the Court affirmed and held that the district court did not err by declining to conduct a hearing, noting that the Fifth Circuit and Eigth Circuit had already decided the same. The Court concluded that neither the statute nor the due process clause required a hearing.
Appeal from the Northern District of Florida
Opinion by Hull, joined by Grant and Luck
Click here to read the opinion.