CCE Drug-Related Murder Is Not “Covered Offenses” Under First Step Act

US v. Roane: In early 1992, Roane and his codefendant Tipton were "involved in several brutal murders and maimings within the Richmond area" while part of a drug-trafficking conspiracy. As a result, both ended up convicted of (among other things) substantive drug offenses and of capital murder in furtherance of a Continuing Criminal Enterprise, under 21 USC 848(e), and were sentenced to death. Both then filed for relief under the First Step Act, motions which the district court denied. The court concluded that the CCE convictions were not "covered offenses" for First Step Act purposes and declined to exercise its discretion to impose new sentences on the substantive drug counts.\

On appeal, the Fourth Circuit affirmed the denial of First Step Act Relief. Recall that earlier this year the court had held that CCE offenses sustained under 848(a) and (c) were not covered offenses. The court reached the same conclusion as to 848(e), rejecting the defendants attempts to link that offense to the substantive drug offenses (that were covered offenses). The 848(e) convictions were for separate substantive offenses, not merely penalty provisions, and the statutory range for them was not changed by the First Step Act. To hold otherwise would create "a stark circuit split." As to the substantive drug offenses, the court found no "procedural or substantive flaw" with the district court's denial of relief.