Appeal from the United States District Court for the Northern District of Ohio at Cleveland.
No. 1:03-cr-00486-1—John R. Adams, District Judge.
Decided and Filed: October 22, 2024
Before: GRIFFIN, KETHLEDGE, and BUSH, Circuit Judges.
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OPINION
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Several months before the COVID-19 pandemic began, defendant Tamir Abdullah—a
federal prisoner convicted of crack-cocaine offenses—moved to reduce his sentence under
Section 404 of the First Step Act of 2018. He sought to benefit from the Fair Sentencing Act’s
aim at lessening the sentencing disparity between offenses involving crack cocaine and those
involving other types of cocaine, made retroactive by the First Step Act. Over the next four and
a half years, Abdullah continued to press his sentence-reduction arguments through several
filings and at a hearing on his motion. When the district court finally decided Abdullah’s
motion, it failed to address the motion’s merits; the court instead construed the motion as one
seeking “compassionate release” due to the pandemic and denied it because Abdullah’s prison
had only two positive cases of COVID-19 at the time. Though the district court undoubtedly
erred in its interpretation of Abdullah’s motion, we nevertheless affirm the denial of the motion
because intervening caselaw prohibits Abdullah from receiving a sentence reduction under the
Fair Sentencing and First Step Acts. |