USCA11 Case: 20-12106 Date Filed: 07/02/2021 Page: 1 of 2
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 20-12106
Non-Argument Calendar
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D.C. Docket No. 4:06-cr-00061-RH-MAF-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
KENNETH DEWAYNE COPELAND,
a.k.a. Kent D. Copeland,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Northern District of Florida
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(July 2, 2021)
Before NEWSOM, BRANCH, and ANDERSON, Circuit Judges.
PER CURIAM:
USCA11 Case: 20-12106 Date Filed: 07/02/2021 Page: 2 of 2
Kenneth Copeland appeals the district court’s denial of his motion for a
reduced sentence under Section 404 of the First Step Act of 2018, arguing that the
district court erred in concluding that he was ineligible for a sentence reduction
because his conviction under
21 U.S.C. § 841(b)(1)(C) was not a covered offense.1
Because Copeland’s claim is foreclosed by the Supreme Court’s recent decision in
Terry v. United States, __ S. Ct. __,
2021 WL 2405145, at *4–5 (June 14, 2021),
which held that § 841(b)(1)(c) is not a covered offense under the First Step Act, we
affirm.
AFFIRMED.
1
“When Congress enacted the First Step Act of 2018, it granted district courts discretion
to reduce the sentences of crack-cocaine offenders [who were sentenced for a covered offense] in
accordance with the amended penalties in the Fair Sentencing Act [of 2010].” United States v.
Jones,
962 F.3d 1290, 1297 (11th Cir. 2020).
2
