Multi-Drug Cases Involving Crack Are “Covered Offenses”

US v. Gravatt: In 2001, Gravatt was convicted of conspiracy to distribute both crack and powder cocaine in sufficient amounts to trigger a mandatory minimum sentence of 10 years in prison and a maximum of life. He was sentenced to 292 months, later reduced to 260. He moved for a further reduction under the First Step Act’s retroactive application of the Fair Sentencing Act. The district court denied his motion, holding that while his crack offense would otherwise be a “covered offense” under the 1SA and make him eligible for a reduction, because his powder offense was not such an offense and produced the same statutory range, he had not been convicted of a covered offense.

The Fourth Circuit reversed. It concluded that the covered offense analysis was a simple one and that Congress had not placed any limitations on a defendant’s eligibility aside from those specifically listed in the 1SA itself. Since those exceptions did not address multi-drug cases like Williamson’s, those convictions were covered offenses.

Congrats to the Defender office in South Carolina on the win!