Gregory L. Roberson, Charles Matthews, and Dorothy Robinson v. United States

Section 404 of the First Step Act of 2018 makes the Fair Sentencing Act of 2010 retroactive, authorizing courts to impose reduced sentences for “covered offense[s].” Pub. L. No. 115-391, § 404(b), 132 Stat. 5194, 5222. A “covered offense” is “a violation of a Federal criminal statute, the statutory penalties for which were modified by section 2 or 3 of the Fair Sentencing Act of 2010.” Id. Section 2 of the Fair Sentencing Act amended 21 U.S.C. § 841 by altering the crack-cocaine quantities associated with the three tiers of penalties in Section 841(b)(1). The question presented is: Does the term “covered offense” in the First Step Act include violations of 21 U.S.C. § 841(a) involving crack cocaine to which apply the penalties in subsection (b)(1)(C) (as the First, Fourth, and Seventh Circuits have determined) or not (as the Third, Sixth, Tenth, and Eleventh Circuits have held)?