United States v. Concepcion, No. 19-2025 (1st Cir. 2021)
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The First Circuit affirmed the district court's order denying Defendant's motion for resentencing, holding that the district court did not abuse its discretion in denying the motion.
In 2008, Defendant pleaded guilty to possession with intent to distribute and distribution of cocaine base. While Defendant was serving his 228-month term of immurement Congress passed the Fair Sentencing Act, Pub. L. No. 111-220, 124 Stat. 2372, which reduced the penalties for most federal crimes involving crack cocaine. Thereafter, Defendant filed his motion for resentencing. The district court denied the motion. The First Circuit affirmed, holding that the sentencing court weighed the proper factors and made a reasonable judgment.
The court issued a subsequent related opinion or order on March 19, 2021.
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