Section 841(b)(1)(C) Conviction Is “Covered Offense” Under First Step Act

US v. Woodson: In 2009, Woodson was convicted of a single count of distribution of an uncharged amount of crack cocaine and sentenced to 151 months as a career offender. After the passage of the First Step Act, Woodson moved for relief under the provisions that made the Fair Sentencing Act of 2010 retroactive. The district court denied him relief, holding that because he was convicted under 21 U.S.C. 841(b)(1)(C) and the Fair Sentencing Act did not change the statutory sentencing range for his offense he had not been convicted of a “covered offense” and was not eligible for relief.

The Fourth Circuit reversed the district court’s decision. The court held that a conviction under 841(b)(1)(C) was a covered offense because the Fair Sentencing Act had the effect of modifying all the sentencing provisions related to crack cocaine in that it changed the thresholds necessary for each increased statutory sentencing range. Thus, even if Woodson’s own statutory range did not change, the statute as a whole had been modified by the Fair Sentencing Act and he was eligible for a reduced sentence (which he got when the court entered an order back in April remanding this case to the district court).

Congrats to the Defender office in NDWV on the win!