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U.S. v. KELLEY

No. 19-30066.

962 F.3d 470 (2020)

UNITED STATES of America, Plaintiff-Appellee, v. Ezralee J. KELLEY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 15, 2020.

Attorney(s) appearing for the Case

Matthew Campbell (argued), Federal Defenders of Eastern Washington & Idaho, Spokane, Washington, for Defendant-Appellant.

Richard Barker (argued), and Russell E. Smoot , Assistant United States Attorneys; William D. Hyslop , United States Attorney; United States Attorney's Office, Spokane, Washington; for Plaintiff-Appellee.

Before: Sandra S. Ikuta and Ryan D. Nelson, Circuit Judges, and Solomon Oliver, Jr., District Judge.

OPINION

This appeal requires us to address whether the First Step Act, Pub. L. No. 115-391, 132 Stat. 5194 (2018), permits a plenary resentencing proceeding in which a defendant's career offender status can be reconsidered. We hold that it does not.

I

In 2010, Congress enacted the Fair Sentencing...

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