United States v. Demarcis March ( 2021 )


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  •               United States Court of Appeals
    For the Eighth Circuit
    ___________________________
    No. 20-2240
    ___________________________
    United States of America,
    lllllllllllllllllllllPlaintiff - Appellee,
    v.
    Demarcis L. March,
    lllllllllllllllllllllDefendant - Appellant.
    ____________
    Appeal from United States District Court
    for the Southern District of Iowa - Eastern
    ____________
    Submitted: September 20, 2021
    Filed: December 15, 2021
    [Unpublished]
    ____________
    Before LOKEN, COLLOTON, and BENTON, Circuit Judges.
    ____________
    PER CURIAM.
    This appeal concerns a motion for reduction of sentence under the First Step
    Act of 2018. The district court1 concluded that appellant Demarcis March was
    ineligible for a reduction, and we affirm.
    In 2000, a jury found March guilty of conspiracy to distribute cocaine base and
    possession with intent to distribute cocaine base. See 
    21 U.S.C. §§ 846
    , 841(a)(1).
    The government did not allege, and the jury did not find, that March was responsible
    for any particular quantity of cocaine base. So the district court concluded that there
    was no statutory minimum penalty for his drug trafficking offenses, and that the
    statutory maximum sentence was twenty years’ imprisonment on each count under
    
    21 U.S.C. § 841
    (b)(1)(C). The court sentenced March to concurrent terms of 240
    months’ imprisonment on each drug trafficking count, and a consecutive term of ten
    years’ imprisonment for a firearms violation under 
    18 U.S.C. § 924
    (c).
    In 2019, March moved for a reduction of sentence on the drug trafficking
    counts under § 404 of the First Step Act. The district court denied the motion on the
    ground that the First Step Act provides no relief for persons sentenced under 
    21 U.S.C. § 841
    (b)(1)(C). On appeal, March argues that he is eligible for a reduction.
    The First Step Act permits a district court to “impose a reduced sentence” if an
    offender was previously sentenced “for a covered offense.” Pub. L. No. 115-391,
    § 404(b), 
    132 Stat. 5194
    , 5222 (2018). An offense is “covered” if its statutory
    penalties were “modified” by the Fair Sentencing Act of 2010. 
    Id.
     § 404(a).
    1
    The Honorable Stephanie M. Rose, United States District Judge for the
    Southern District of Iowa.
    -2-
    The Fair Sentencing Act altered the minimum and maximum penalties for
    certain cocaine offenses. The Act increased the amount of crack cocaine required to
    trigger the mandatory minimum penalties, and the corresponding maximum penalties,
    under 
    21 U.S.C. §§ 841
    (b)(1)(A)(iii) and (B)(iii). Pub. L. No. 111-220, § 2, 
    124 Stat. 2372
    , 2372 (2010). But the statutory penalties for an offense under § 841(b)(1)(C)
    were unchanged. Both before and after 2010, the penalties for March’s drug
    trafficking offenses were zero to twenty years’ imprisonment, a fine of up to $1
    million, or both, and a period of supervised release.
    As such, the penalties for March’s drug offenses were not “modified” by the
    Fair Sentencing Act, and those offenses are not “covered” for purposes of § 404 of
    the First Step Act. Terry v. United States, 
    141 S. Ct. 1858
    , 1862-63 (2021). The
    district court thus correctly determined that March is not eligible for a reduction of
    sentence under the First Step Act.
    The order of the district court is affirmed.
    ______________________________
    -3-
    

Document Info

Docket Number: 20-2240

Filed Date: 12/15/2021

Precedential Status: Non-Precedential

Modified Date: 12/15/2021