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Home / Opinion Digests / Criminal Law / Resentencing questions under First Step answered (access required)

Resentencing questions under First Step answered (access required)

First, any Sentencing Guidelines error deemed retroactive must be corrected in a First Step Act resentencing. Second, the factors in 18 U.S.C. § 3553(a) apply to resentencing. Third, the resentencing court has discretion to vary from the Guidelines and may consider the movant’s post-sentencing conduct. Background Erroneously sentenced as a career offender, Brooks Tyrone Chambers is currently ...