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UNITED STATES v. CARTER

No. 19-10411.

44 F.4th 1227 (2022)

UNITED STATES of America, Plaintiff-Appellee, v. Shakara Thomas CARTER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn November 2, 2021.

Resubmitted August 10, 2022 San Francisco, California.

Filed August 17, 2022.

Attorney(s) appearing for the Case

David M. Porter (argued), Assistant Federal Defender; Heather E. Williams , Federal Defender; Office of the Federal Public Defender, Sacramento, California; for Defendant-Appellant.

Jason Hitt (argued), Assistant United States Attorney; Camil A. Skipper , Appellate Chief; McGregor W. Scott , United States Attorney; United States Attorney's Office, Sacramento, California; for Plaintiff-Appellee.

Before: Mary H. Murguia, Chief Judge, and Marsha S. Berzon and Carlos T. Bea, Circuit Judges.

OPINION

In this case, Shakara Carter appeals a district court order granting in part and denying in part his motion to be resentenced under the First Step Act of 2018. We have jurisdiction under 28 U.S.C. § 1291. Because the district court decided Carter's motion without demonstrating that it considered his nonfrivolous...

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