United States v. Hines ( 2021 )

Case: 20-10671 Document: 00515899164 Page: 1 Date Filed: 06/14/2021
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
June 14, 2021
No. 20-10671 Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Detroit Hines,
Defendant—Appellant.
Appeal from the United States District Court
for the Northern District of Texas
4:06-CR-88
Before Haynes, Graves, and Willett, Circuit Judges.
Per Curiam:*
This appeal raises one question: Under the First Step Act of 2018,1 is
Detroit Hines eligible for a sentence reduction based on his convictions under
21 U.S.C. § 841(b)(1)(C)? The district court said no, and we stayed this case
*
Pursuant to 5th Circuit Rule 47.5, the court has determined that this
opinion should not be published and is not precedent except under the limited
circumstances set forth in 5th Circuit Rule 47.5.4.
1
Pub. L. 115-391, 132 Stat. 5194.
Case: 20-10671 Document: 00515899164 Page: 2 Date Filed: 06/14/2021
No. 20-10671
pending the Supreme Court’s decision in Terry v. United States.2 The Court
recently decided Terry, answering the question posed in this case. The Court
held that the Fair Sentencing Act, made retroactive by the First Step Act,
“did not modify the statutory penalties for” offenses under § 841(b)(1)(C).
So, the First Step Act did not make an offender under § 841(b)(1)(C) eligible
for a sentence reduction.3 We therefore AFFIRM the district court’s
judgment.
2
Terry v. United States, --- S. Ct. ---, 2021 WL 2405145 (June 14, 2021).
3
Id. at *4.
2