Richard L. Bryant v. United States
SocialSecurity Securities
1. Whether a Defendant convicted by a jury of a drug distribution conspiracy involving multiple controlled substances, whose sentence has never been reduced, was eligible for a reduction under the Fair Sentencing Act of 2010, which was made retroactive by the First Step Act of 2018; and if so, because that single conspiracy count involves multiple statutory ranges, whether the Defendant must be re-sentenced to the lowest of those multiple statutory ranges.
2. Whether, ultimately, it is the Defendant's relevant conduct (drug quantity attributed to him), or the statute of conviction that controls his eligibility under the Fair Sentencing Act of 2010; and if it is the latter and a resentencing is required, because the drugs attributed to him were found by the court, and not the jury, whether Apprendi and Alleyne are implicated.
Whether a defendant convicted of a drug distribution conspiracy involving multiple controlled substances is eligible for a sentence reduction under the Fair Sentencing Act of 2010