United States v. Jackson

Brief of Amici Curiae the American Civil Liberties Union, the National Association of Criminal Defense Lawyers, the American Civil Liberties Union of Ohio Foundation, Due Process Institute, R Street Institute, and Americans for Prosperity Foundation in Support of Defendant/Cross-Appellee.

Brief filed: 04/21/2020


United States v. Jackson

6th Circuit Court of Appeals; Case No. 19-3623 & 19-3711

Prior Decision

Decision below 2019 WL 2524786 (N.D. Ohio Mar. 13, 2020)


The text of §403(b) applies the sentencing amendments to §924(c) at resentencing. The text of §403(b), not the savings statute, governs application of the sentencing amendments. Background principles confirm that §403 applies at resentencing. The government’s rule serves no purpose. The government’s contrary arguments fail. Congress enacted the First Step Act to reform §924(c). In accordance with the text, context, and purpose of the First Step Act, this Court should hold that the sentencing amendments in §403 apply to sentences imposed after the First Step Act’s effective date, including at a de novo resentencing.


Jonathan D. Hacker, O’Melveny & Myers, Washington, DC; Alec Schierenbeck, O’Melveny & Myers, New York, NY; Stephen Ross Johnson, Ritchie, Dillard, Davies & Johnson, PC, Knoxville, TN.

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