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Seventh Circuit: District Court’s Failure to Address Nonfrivolous Argument Raised in First Step Act Motion Constitutes Procedural Error in Violation of Concepcion

by Douglas Ankney

The U.S. Court of Appeals for the Seventh Circuit ruled that when deciding a motion for a sentence reduction under § 404 of the First Step Act (“FSA”), a District Court must demonstrate it considered every nonfrivolous argument raised by the defendant.

In 2005, Jamell Newbern pleaded ...

 

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