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U.S. v. WIRSING

No. 19-6381.

943 F.3d 175 (2019)

UNITED STATES of America, Plaintiff-Appellee, v. Daniel W. WIRSING, a/k/a Big Dog, a/k/a Ace, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: November 20, 2019.

Amended: November 21, 2019.

Attorney(s) appearing for the Case

ARGUED: Jenny R. Thoma , OFFICE OF THE FEDERAL PUBLIC DEFENDER, Wheeling, West Virginia, for Appellant. Daniel Kane , United States Department of Justice, Washington, D.C., for Appellee. ON BRIEF: Nicholas J. Compton , Assistant Federal Public Defender, Kristen M. Leddy , Assistant Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Martinsburg, West Virginia, for Appellant. William J. Powell , United States Attorney, Jeffrey A. Finucane , Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Martinsburg, West Virginia, for Appellee.

Reversed and remanded by published opinion. Judge Wynn wrote the opinion, in which Judge Quattlebaum and Judge Rushing joined.

Defendant Daniel Wirsing appeals from the district court's denial of his Motion for a Reduced Sentence under the First Step Act of 2018, Pub. L. No. 115-391, § 404, 132 Stat. 5194, 5222.

The First Step Act provides that a sentencing court "may ... impose a reduced sentence as if sections 2 and 3 of the Fair Sentencing...

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