United States v. Rofelle McGee

• Court: Court of Appeals for the Eighth Circuit
• Decided: September 7, 2021
• Docket: 20-3610
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 20-3610 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Rofelle Deleion McGee, also known as Drew

lllllllllllllllllllllDefendant - Appellant ____________

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

Submitted: September 1, 2021 Filed: September 7, 2021 [Unpublished] ____________

Before LOKEN, COLLOTON, and STRAS, Circuit Judges. ____________

PER CURIAM.

After considering a number of factors, the district court 1 decided not to reduce Rofelle McGee’s 200-month prison sentence under the First Step Act. See Pub. L. No. 115-391, 132 Stat. 5194 (2018). We affirm.

1 The Honorable John A. Jarvey, Chief Judge, United States District Court for the Southern District of Iowa. We conclude that the district court gave a reasoned basis for its decision and did not abuse its discretion. See United States v. McDonald, 944 F.3d 769, 771-72 (8th Cir. 2019) (discussing the standard of review and outlining the two-step analysis for motions under the First Step Act); United States v. Williams, 943 F.3d 841, 844 (8th Cir. 2019) (explaining that the sentencing court must have considered the parties’ arguments and have a reasoned basis for its decision). The First Step Act did not require the court to reduce McGee’s sentence, even if he was eligible. § 404(c), 132 Stat. at 5222 (“Nothing in this section shall be construed to require a court to reduce any sentence pursuant to this section.”).

We accordingly affirm the judgment of the district court and grant counsel permission to withdraw. ______________________________

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