Brief filed: 04/21/2020
United States v. Jackson
6th Circuit Court of Appeals; Case No. 19-3623 & 19-3711
Decision below 2019 WL 2524786 (N.D. Ohio Mar. 13, 2020)
The text of §403(b) applies the sentencing amendments to §924(c) at resentencing. The text of §403(b), not the savings statute, governs application of the sentencing amendments. Background principles confirm that §403 applies at resentencing. The government’s rule serves no purpose. The government’s contrary arguments fail. Congress enacted the First Step Act to reform §924(c). In accordance with the text, context, and purpose of the First Step Act, this Court should hold that the sentencing amendments in §403 apply to sentences imposed after the First Step Act’s effective date, including at a de novo resentencing.
Jonathan D. Hacker, O’Melveny & Myers, Washington, DC; Alec Schierenbeck, O’Melveny & Myers, New York, NY; Stephen Ross Johnson, Ritchie, Dillard, Davies & Johnson, PC, Knoxville, TN.