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192145P.pdf   05/28/2020  United States  v.  Fontaine Sherman
   U.S. Court of Appeals Case No:  19-2145
   U.S. District Court for the Eastern District of Arkansas - Little Rock   
   [PUBLISHED] [Colloton, Author, with Shepherd and Erickson, Circuit Judges] 
   Criminal Case - First Step Act. Sherman sought a sentence reduction under 
   the First Step Act, below his original 240-month sentence, the then 
   statutory minimum and below the sentencing guidelines range of 292 to 365 
   months imprisonment. The district court, finding that the trial testimony 
   indicated the conspiracy involved over 30 kilograms of cocaine base, and 
   noting Sherman received a sentence below the guidelines range, denied a 
   sentence reduction. The district court did not clearly err in applying a 
   base offense level of 38 and was not required to reduce the sentence based 
   upon a showing of post-sentencing rehabilitation. The court did not err by 
   declining to respond explicitly to Sherman's plea based on alleged 
   post-sentencing rehabilitation.