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UNITED STATES v. DUFFEY

No. 22-10265.

92 F.4th 304 (2024)

UNITED STATES of America, Plaintiff-Appellee, v. Corey Deyon DUFFEY; Jarvis Dupree Ross; Tony R. Hewitt, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

FILED February 2, 2024.

Attorney(s) appearing for the Case

Amy Jeannine Mitchell , Brian W. McKay, Esq. , Assistant U.S. Attorney, U.S. Attorney's Office, Northern District of Texas, Plaintiff-Appellee.

Vivek Jampala , Hunter, Lane & Jampala, San Antonio, TX, for Defendant-Appellant Corey Deyon Duffey, also known as Keyno, also known as Calvin Brown.

Kevin Blake Ross , Law Office of Kevin B. Ross, P.C., Dallas, TX, for Defendant-Appellant Jarvis Dupree Ross, also known as Dookie, also known as Dapree Dollars, also known as Fifty.

Russell Wilson, II , Attorney, Law Office of Russell Wilson, II, Dallas, TX, for Defendant-Appellant Tony R. Hewitt, also known as Priceless T.

Before Southwick, Engelhardt, and Wilson, Circuit Judges.

The primary issue in this appeal is whether § 403 of the First Step Act applies to post-enactment resentencings of defendants whose pre-enactment sentences were vacated after the law was enacted. It does not, so Appellants' § 403 claims lack merit. Further, Appellant Duffey's challenge to the application...

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