United States v. Altedias Campbell

• Court: Court of Appeals for the Eighth Circuit
• Decided: December 2, 2021
• Docket: 21-1310
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 21-1310 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Altedias Maurice Campbell

lllllllllllllllllllllDefendant - Appellant ____________

Appeal from United States District Court for the Northern District of Iowa - Eastern ____________

Submitted: November 29, 2021 Filed: December 2, 2021 [Unpublished] ____________

Before GRUENDER, SHEPHERD, and KOBES, Circuit Judges. ____________

PER CURIAM.

Altedias Campbell appeals after the district court1 denied his motion seeking a sentence reduction under the First Step Act. His counsel has moved for leave to withdraw, and has filed a brief challenging the denial.

1 The Honorable C.J. Williams, United States District Judge for the Northern District of Iowa. Upon careful review, we conclude that the district court correctly found that Campbell was ineligible for relief under the First Step Act. See Terry v. United States, 141 S. Ct. 1858, 1863-64 (2021) (because Fair Sentencing Act did not modify statutory penalties for § 841(b)(1)(C), a conviction under that section is not a covered offense for purposes of the First Step Act); United States v. McDonald, 944 F.3d 769, 771 (8th Cir. 2019) (defendant’s eligibility for reduced sentence under First Step Act is reviewed de novo).

Accordingly, we affirm the judgment of the district court and grant counsel permission to withdraw. ______________________________

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