United States v. Gladney, 44 F.4th 1253 (10th Cir. 2022) First Step Act resentencing & Standing Short version: No resentencing for you! Mr. Gladney was eligible under the First Step Act for resentencing because one of his convictions was for a converted offense but since one of his other convictions was not a covered offense and was a life sentence, there was no point to resentencing because the First Step Act does not authorize a complete resentencing on all counts, just the covered ones. No available relief = no controversy = no standing. Long version: Almost a score of years ago at the notorious Alpine Rose Motel[1] in Denver, Mr. Gladney dealt drugs – including crack cocaine. Eventually, law enforcement shut it down and a lot of people ended up with a lot of convictions. Mr. Gladney was one of them; he ended up with convictions for RICO, drug conspiracy convictions, and a 924c. His RICO and drug convictions carried life sentences. 2018 saw the First Step Act make the Fair Sentencing Act (addressing the idiotic crack/cocaine disparity) retroactive. Mr. Gladney’s crack conviction is a covered offense so he is eligible under the First Step Act. But the Tenth Circuit believes that the First Step Act does not grant the district court blanket authority to resentence; it can only resentence on a covered offense. RICO was not a covered offense. That sentence was a life sentence. Any resentencing, then, would be an empty gesture. Being the Tenth they take this conclusion and jump it to a conclusion that Mr. Gladney has no standing because no actual “live” controversy even though there is jurisdiction.