In
per curiam) affirmed the decision of the Southern District of New York denying Damone Gadsden’s motion for resentencing under the First Step Act. The opinion is consistent with recent decisions in other circuits, and reinforces the principle that the exercise of sentencing discretion is not synonymous with specific procedural requirements.
In 2007, Gadsden was convicted of charges related to conspiracy to distribute crack cocaine, then sentenced to 300 months in prison. Following an appeal, the district judge reduced his sentence to 262 months, in contemplation of then-pending federal legislation to reduce the sentencing disparity between crack and powder cocaine. Several months later, the Fair Sentencing Act of 2010 increased the amount of crack required to trigger the applicable statutory penalty range. Following the passage of the First Step Act of 2018, which gave retroactive effect to “covered offenses” whose penalties were modified by relevant provisions of the Fair Sentencing Act, Gadsden moved to reduce his sentence. The government argued that Gadsden had not been sentenced for a “covered offense,” since his sentence was based on an amount higher than the increased threshold under the Fair Sentencing Act.