191750P.pdf   05/28/2020  United States  v.  Bobby Banks
   U.S. Court of Appeals Case No:  19-1750
                          and No:  19-1969
   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. Determination that Banks was eligible for 
   a reduction of sentence because the statutory maximum punishment for 
   conspiring to distribute 50 grams of cocaine base was reduced from life 
   imprisonment to forty years by the Fair Sentencing Act is affirmed. The 
   government's argument that Banks was not eligible for a reduction because 
   Banks was held accountable for 2.8 kilograms of cocaine base is foreclosed 
   by this court's precedent that the First Step Act applies to offenses, not 
   conduct. The district court did not abuse its discretion in not reducing 
   the sentence further and in failing to consider his post-sentencing 
   rehabilitation, his difficult childhood and any sentence disparity; and 
   resentencing is not warranted on this record. A sentence within the 
   advisory range was appropriate in light of the several aggravating 
   factors.