United States v. Zavian Munize Jordan (4th Cir. 2020)

The Federal Docket

March 17, 2020

Sentencing/First Step Act – Section 403 of the First Step Act, which reduces the mandatory minimum for convictions under 18 U.S.C. § 924(c), does not apply retroactively to cases pending on direct appeal when the First Step was enacted.

The Court held that the First Step Act’s provisions reducing the mandatory minimums did not apply to the defendant’s mandatory minimum sentence under 924(c). Citing other circuits, the Fourth Circuit held that the defendant’s sentence had already been “imposed” for the purposes of Section 403 of the First Step Act, once the district court announced the final judgment, rather than when it becomes final after appeal.

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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