United States v. Broadway, 2021 WL 2546657 (10th Cir. June 22, 2021) (CO): the panel holds that a district court addressing a First Step Act motion to reduce a prison term for a drug conviction should look to the minimum drug quantity associated with the accused’s offense of conviction, rather than his underlying conduct, to determine whether the Fair Sentencing Act would have affected his sentence had it been in effect at the time of the offense. Here, the district court did not start with the offense of conviction and lowered guidelines imprisonment range (because the career offender provisions applied), but skipped to the stipulated drug quantities. It refused to reduce Broadway’s prison term because it said he possessed over 280 grams of crack cocaine and so the statutory penalty and guidelines imprisonment range would have been unaffected by the FSA. The panel held this was legal error. Had the district court started with the offense of conviction, which charged Broadway with possessing at least 50 grams, both the statutory penalty and guideline range would have been lowered by the retroactive application of the FSA. The statutory maximum changed from life to 40 years and the base offense level under USSG § 4B1.1(b) would have be lower, resulting in a lower imprisonment range. The panel remanded and ordered the district court to start its deliberation with the correct guideline imprisonment range.