United States v. Sims ( 2022 )

Case: 20-30294 Document: 00516560864 Page: 1 Date Filed: 11/30/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
November 30, 2022
No. 20-30294 Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Johnnie Sims,
Defendant—Appellant.
Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 2:05-CR-297-3
ON REMAND FROM
THE SUPREME COURT OF THE UNITED STATES
Before Haynes, Willett, and Ho, Circuit Judges.
Per Curiam:*
Johnnie Sims appeals the district court’s denial of his motion to
reduce his sentence under Section 404 of the First Step Act of 2018. We
previously affirmed the district court’s denial. United States v. Sims, 842 F.
App’x 947 (5th Cir. 2021) (per curiam). But the Supreme Court vacated our
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 20-30294 Document: 00516560864 Page: 2 Date Filed: 11/30/2022
No. 20-30294
judgment and remanded the case for our reconsideration in light of its
decision in Concepcion v. United States, 142 S. Ct. 2389 (2022).
On remand, both parties ask us to vacate the district court’s order
denying Sims’ motion for First Step Act relief and to remand the case for the
district court to reconsider the motion in light of Concepcion. We grant the
parties’ request. The district court’s order denying Sims’ motion for a
sentence reduction under Section 404 of the First Step Act is VACATED,
and the case is REMANDED to the district court for reconsideration in
light of Concepcion.
2