United States v. Edward Stain

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS FEB 17 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 21-10154

Plaintiff-Appellee, D.C. Nos. 2:02-cr-00201-LRH-NJK-4 v. 2:02-cr-00201-LRH-NJK

EDWARD STAIN,

MEMORANDUM*

Defendant-Appellant.

Appeal from the United States District Court for the District of Nevada Larry R. Hicks, District Judge, Presiding

Argued and Submitted February 9, 2022 San Francisco, California

Before: HURWITZ and VANDYKE, Circuit Judges, and ERICKSEN,*** District Judge.

Seventeen years into his 44-year sentence, Edward Stain sought release under

18 U.S.C. § 3582(c)(1)(A), citing the First Step Act’s elimination of the previously

mandatory 25-year consecutive “stacking” provision relating to 18 U.S.C. § 924(c)

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. *** The Honorable Joan N. Ericksen, United States District Judge for the District of Minnesota, sitting by designation. convictions.…