United States v. Paul Bradshaw

• Court: Court of Appeals for the Eighth Circuit
• Decided: April 11, 2022
• Docket: 21-2628
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 21-2628 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Paul Stanley Bradshaw

lllllllllllllllllllllDefendant - Appellant ____________

Appeal from United States District Court for the District of North Dakota ____________

Submitted: April 6, 2022 Filed: April 11, 2022 [Unpublished] ____________

Before KELLY, STRAS, and KOBES, Circuit Judges. ____________

PER CURIAM.

Paul Bradshaw appeals the district court’s1 order denying his motion for a sentence reduction under Section 404 of the First Step Act. Following careful review,

1 The Honorable Peter D. Welte, Chief Judge, United States District Court for the District of North Dakota. see United States v. McDonald, 944 F.3d 769, 771 (8th Cir. 2019) (individual’s eligibility for reduced sentence under First Step Act is reviewed de novo), we agree with the district court that Bradshaw, who was sentenced to 200 months in prison under 21 U.S.C. § 841(b)(1)(C), was ineligible for the relief he sought, see Terry v. United States, 141 S. Ct. 1858, 1862-63 (2021) (because Fair Sentencing Act did not modify statutory penalties for § 841(b)(1)(C), conviction under that section is not a “covered offense” for purposes of First Step Act sentence-reduction eligibility). The judgment is affirmed. See 8th Cir. R. 47B. ______________________________

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