Legal Opinion

United States v. Michael Hegwood

Court of Appeals for the Fifth Circuit

Decided August 8, 2019No. 19-40117PublishedCited by 92 opinions

1Opinion of the Court

LESLIE H. SOUTHWICK, Circuit Judge:

*415 This appeal concerns the First Step Act, in which Congress permitted a sentencing court to "impose a reduced sentence as if ... the Fair Sentencing Act of 2010 ... were in effect at the time the covered offense was committed." The issue is whether district courts are authorized to conduct a plenary resentencing, which would include recalculating the Sentencing Guidelines range as if the defendant were being sentenced for the first time under present law, or whether courts are limited to reductions resulting from the Fair Sentencing Act. Concluding that the…

2Cases cited7 opinions

  1. Anders v. CaliforniaSupreme Court of the United States · 1967
  2. TRW Inc. v. AndrewsSupreme Court of the United States · 2001
  3. Dillon v. United StatesSupreme Court of the United States · 2010
  4. POM Wonderful LLC v. Coca-Cola Co.Supreme Court of the United States · 2014
  5. United States v. Dantana TanksleyCourt of Appeals for the Fifth Circuit · 2017

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3Cited by92 opinions

  1. United States v. Brooks ChambersCourt of Appeals for the Fourth Circuit · 2020
  2. United States v. Daniel WirsingCourt of Appeals for the Fourth Circuit · 2019
  3. United States v. Odis JacksonCourt of Appeals for the Fifth Circuit · 2019
  4. Concepcion v. United StatesSupreme Court of the United States · 2022
  5. United States v. Tony Edward DensonCourt of Appeals for the Eleventh Circuit · 2020

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