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United States v. Nicholson, 8:03CR268 (D. Md. May 21, 2021)
Originally sentenced to life imprisonment dictated by an 851 enhancement. Even during his 2004 sentencing, the sentencing judge had said he would have imposed a lesser sentence if he had the authority to do so. The court found ECR to reduce Mr. Nicholson’s sentence based on the disparity between the sentence he received and the one he would receive today following Section 401 of the FSA. Alternatively, the court held that it had the authority to reduce Mr. Nicholson’s sentence under Section 404 (crack retroactivity) of the First Step Act by applying current 851 law.
Order (5/27/21)