Filed: Sep. 30, 2020
Latest Update: Sep. 30, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 19-7803 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. KENNETH ROSHAUN REID, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Rock Hill. Cameron McGowan Currie, Senior District Judge. (0:04-cr-00353-CMC-1) Submitted: July 20, 2020 Decided: September 30, 2020 Before MOTZ, WYNN, and DIAZ, Circuit Judges. Vacated and remanded by unpublished per curiam opinion. Kenneth
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 19-7803 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. KENNETH ROSHAUN REID, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Rock Hill. Cameron McGowan Currie, Senior District Judge. (0:04-cr-00353-CMC-1) Submitted: July 20, 2020 Decided: September 30, 2020 Before MOTZ, WYNN, and DIAZ, Circuit Judges. Vacated and remanded by unpublished per curiam opinion. Kenneth R..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 19-7803
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
KENNETH ROSHAUN REID,
Defendant - Appellant.
Appeal from the United States District Court for the District of South Carolina, at Rock
Hill. Cameron McGowan Currie, Senior District Judge. (0:04-cr-00353-CMC-1)
Submitted: July 20, 2020 Decided: September 30, 2020
Before MOTZ, WYNN, and DIAZ, Circuit Judges.
Vacated and remanded by unpublished per curiam opinion.
Kenneth Roshaun Reid, Appellant Pro Se. William Kenneth Witherspoon, Assistant
United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Columbia,
South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Kenneth Roshaun Reid appeals the district court’s order denying his motion for
reconsideration of its prior order denying his motion for a sentence reduction pursuant to
section 404(b) of the First Step Act of 2018 (FSA 2018), Pub. L. No. 115-391, 132 Stat.
5194, 5222, his motions for appointment of counsel and an evidentiary hearing, his motion
for relief from judgment, and his letter seeking release from prison. On appeal, Reid has
filed a motion for plain error correction in light of the First Step Act, a request for judicial
notice, and a motion for relief based on a change in law that we construe as motions for
leave to file supplemental informal briefs and grant.
In denying reconsideration, the district court determined that, because Reid was
convicted of conspiracy to possess with intent to distribute and to distribute a quantity of
cocaine base, in violation of 21 U.S.C. §§ 841(b)(1)(C), 846, he was not eligible for a
sentence reduction under the FSA 2018 because the Fair Sentencing Act of 2010 did not
reduce the statutory penalties associated with that conviction. In light of our decision in
United States v. Woodson,
962 F.3d 812, 816-17 (4th Cir. 2020) (determining that the Fair
Sentencing Act of 2010 modified § 841(b)(1)(C) and that defendants “whose offenses
remain within the same subsection [of § 841(b)] after Section 2 [of the Fair Sentencing Act
of 2010]’s amendments are eligible for relief” under the FSA 2018), which issued during
the pendency of this appeal, we vacate the district court’s order and remand for further
proceedings.
We deny Reid’s motions for a certificate of appealability, demanding immediate
release, seeking recusal or disqualification of the district court, seeking dismissal of all
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charges and habeas corpus relief, and for bail or release pending appeal and dispense with
oral argument because the facts and legal contentions are adequately presented in the
materials before this court and argument would not aid the decisional process.
VACATED AND REMANDED
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