USA v. Melvin Canady

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 19-14654
Non-Argument Calendar
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D.C. Docket No. 8:10-cr-00297-JDW-TGW-2
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
MELVIN CANADY,
Defendant - Appellant.
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Appeal from the United States District Court
for the Middle District of Florida
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(August 4, 2021)
Before JORDAN, NEWSOM, and TJOFLAT, Circuit Judges.
PER CURIAM:
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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.
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