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U.S. v. HEGWOOD

No. 19-40117.

934 F.3d 414 (2019)

UNITED STATES of America, Plaintiff-Appellee v. Michael Dewayne HEGWOOD, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED August 8, 2019.

Attorney(s) appearing for the Case

John Richard Berry , Katherine Lisa Haden , Carmen Castillo Mitchell , Assistant U.S. Attorneys, U.S. Attorney's Office, Southern District of Texas, Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers , Federal Public Defender, H. Michael Sokolow , Assistant Federal Public Defender, Federal Public Defender's Office, Southern District of Texas, Houston, TX, for Defendant-Appellant.

Before HIGGINBOTHAM, SMITH, and SOUTHWICK, Circuit Judges.

This appeal concerns the First Step Act, in which Congress permitted a sentencing court to "impose a reduced sentence as if... the Fair Sentencing Act of 2010 ... were in effect at the time the covered offense was committed." The issue is whether district courts are authorized to conduct a plenary resentencing...

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