Opinion
19-14654
08-04-2021
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. MELVIN CANADY, Defendant-Appellant.
DO NOT PUBLISH
Appeal from the United States District Court No. 8:10-cr-00297-JDW-TGW-2 for the Middle District of Florida
Before JORDAN, NEWSOM, and TJOFLAT, Circuit Judges.
PER CURIAM
Melvin Canady appeals the district court's denial of his motion for a reduced sentence under Section 404 of the First Step Act of 2018, 132 Stat. 5194. Canady was previously sentenced to 216 months' imprisonment, with a six-year term of supervised release, for distributing a detectable amount of cocaine base in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(C). He contends that he is eligible for a reduced sentence because his § 841(b)(1)(C) offense was a "covered offense" within the meaning of the First Step Act.
On March 2, 2021, we stayed this appeal pending the Supreme Court's decision regarding the same issue in Terry v. United States, No. 20-5904. The Court has now decided Terry, and Terry forecloses Canady's appeal. 141 S.Ct. 1858, 1862-63. The Court held that a crack offender is eligible for a sentence reduction under the First Step Act only if he was convicted of a crack offense that triggered a mandatory minimum sentence. Id. Because § 841(b)(1)(C) sets no mandatory minimum, offenders convicted of violating that subsection are not eligible for First Step Act relief. Id. We AFFIRM.