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201916P.pdf 08/23/2021 United States v. Leon Milton
U.S. Court of Appeals Case No: 20-1916
U.S. District Court for the District of Nebraska - Omaha
[PUBLISHED] [Loken, Author, with Wollman and Stras, Circuit Judges]
Criminal case - Sentencing - First Step Act. The district court did not
abuse its discretion by denying Milton's motion for a First Step Act
sentence reduction; the district court may consider the 3553(a) factors in
deciding the motion, but it is not required to; the entire sentencing
record, including prior motions for sentence reduction, supports the
finding that Milton was responsible for 5.2 kilos of crack and that the
bottom of his amended range under the First Step Act would remain at 360
months; the district court did not err in refusing to consider Milton's
request for compassionate release where he had not exhausted his
administrative remedies with the BOP.