First Step Act claims denied based on no abuse of discretion, lack of standing

United States v. Mannie, 971 F.3d 1145 (10th Cir. 8/18/20) (Okla.) – the Tenth affirms denial of sentencing reductions to two defendants under the 2018 First Step Act. An offender is eligible to seek relief under that act if: (1) the offender was sentenced for a federal criminal offense; (2) for which the statutory penalties were modified by section 2 or 3 of the 2010 Fair Sentencing Act; and (3) the offense was committed before August 3, 2010. Although Mr. Mannie was eligible to seek a reduced sentence under the First Step Act, the district court properly exercised its discretion when it denied Mr. Mannie a hearing and a sentencing reduction based on the 3553(a) sentencing factors. Nothing requires the district court to hold a hearing. Although the First Step Act would have applied to defendant Maytubby’s drug conspiracy conviction, the court decides he lacked standing because even if he was afforded relief, it would not reduce the length of his incarceration. He had received concurrent sentences that would be unaffected, imposed on other convictions for the same or greater amounts of time than was imposed for conspiracy. Consequently, there was no live controversy.