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UNITED STATES v. SMITH

Docket No. 19-3139 August Term, 2020.

982 F.3d 106 (2020)

UNITED STATES of America, Appellee, v. Lindale SMITH, AKA L, AKA Lindale Armwood, George Jackson, AKA Gio, AKA Giovanni, Jerome Parker, AKA Cheddar, Christopher Hughes, AKA Fats, Romell Boykin, AKA Baby Love, Vincent Bryant, AKA John, AKA Big John, Dwayne Davis, AKA Maurice Davis, Eric Walker, AKA Green Eyes, Michael King, Defendants, Damone Gadsden, AKA Damian, AKA Sgt. Damon, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: December 8, 2020.

Attorney(s) appearing for the Case

Rushmi Bhaskaran ( Karl Metzner , on the brief), Assistant United States Attorneys, for Geoffrey S. Berman , United States Attorney for the Southern District of New York, New York, NY, for Appellee.

Theodore S. Green , Green & Willstatter, White Plains, NY, for Defendant-Appellant.

Before: Walker, Katzmann, and Wesley, Circuit Judges.

Damone Gadsden appeals from an order of the United States District Court for the Southern District of New York (Preska, J.) denying his motion for a reduced sentence under Section 404 of the First Step Act of 2018, Pub. L. No. 115-391, 132 Stat. 5194. On appeal, Gadsden argues that he was eligible for relief under Section 404, that the...

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