Remand for resentencing under FSA

United States v. Burris, 29 F.4th 1232 (10th Cir. 2022) (First Step Act changed guideline range) First Step Act made the Fair Sentencing Act’s remedy for disparities between crack and powder cocaine retroactive. Acknowledging that resentencing is totally discretionary, the Tenth Circuit nonetheless holds that the court must calculate the new guideline range before looking at the 18 USC section 3553(a) factors. Basically, the court applies the maxim correctly calculated guideline range is the starting point for any sentence to a resentencing under the First Step Act.