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Fourth Circuit Holds Ineligibility for First Step Act Safety Valve Relief Requires Proof of All Three Listed Criminal History Characteristics Satisfied, Widening Circuit Split

Loaded on June 15, 2023 by David Reutter published in Criminal Legal News July, 2023, page 34
Filed under: First Step Act, Guideline Amendment/Variances and Retroactivity. Location: North Carolina.

by David M. Reutter

The U.S. Court of Appeals for the Fourth Circuit held that the plain text of 18 U.S.C. § 3553(f)(1) “requires a sentencing court to find that a defendant has all three of the listed criminal history characteristics before excluding a defendant from a safety valve eligibility” ...

 

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