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United States v. Grace

United States Court of Appeals For the Eighth Circuit
Feb 19, 2021
No. 20-1705 (8th Cir. Feb. 19, 2021)

Opinion

No. 20-1705

02-19-2021

United States of America Plaintiff - Appellee v. Demetre Tiawan Grace Defendant - Appellant


Appeal from United States District Court for the Southern District of Iowa - Eastern [Unpublished] Before GRASZ, WOLLMAN, and STRAS, Circuit Judges. PER CURIAM.

After considering a number of factors, the district court decided not to reduce Demetre Grace's 300-month prison sentence under the First Step Act. See Pub. L. No. 115-391, 132 Stat. 5194 (2018). Though he challenges the decision on a host of grounds, we affirm.

The Honorable John A. Jarvey, Chief Judge, United States District Court for the Southern District of Iowa. --------

We conclude that the district court did not abuse its discretion. See United States v. McDonald, 944 F.3d 769, 771-72 (8th Cir. 2019) (discussing the standard of review and outlining the two-step analysis for motions under the First Step Act). The First Step Act did not require the court to reduce Grace's sentence, even if he was eligible. § 404(c), 132 Stat. at 5222 ("Nothing in this section shall be construed to require a court to reduce any sentence pursuant to this section."). And the court did more than enough by considering the statutory sentencing factors before making a decision. See 18 U.S.C. § 3553(a); United States v. Moore, 963 F.3d 725, 727 (8th Cir. 2020) (explaining that, in reviewing a First Step Act motion, "a district court may, but need not, consider the section 3553 factors").

We accordingly affirm the judgment of the district court and grant counsel permission to withdraw.


Summaries of

United States v. Grace

United States Court of Appeals For the Eighth Circuit
Feb 19, 2021
No. 20-1705 (8th Cir. Feb. 19, 2021)
Case details for

United States v. Grace

Case Details

Full title:United States of America Plaintiff - Appellee v. Demetre Tiawan Grace…

Court:United States Court of Appeals For the Eighth Circuit

Date published: Feb 19, 2021

Citations

No. 20-1705 (8th Cir. Feb. 19, 2021)