United States v. Shakara Carter

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 19-10411 Plaintiff-Appellee, D.C. No. v. 2:06-cr-00468-

WBS-DB-

SHAKARA THOMAS CARTER,

Defendant-Appellant. OPINION

Appeal from the United States District Court for the Eastern District of California William B. Shubb, District Judge, Presiding

Argued and Submitted October 22, 2021 Submission Withdrawn November 2, 2021 Resubmitted August 10, 2022 San Francisco, California

Filed August 17, 2022

Before: Mary H. Murguia, Chief Judge, and Marsha S. Berzon and Carlos T. Bea, Circuit Judges.

Opinion by Judge Bea SUMMARY *

Criminal Law

The panel vacated the district court’s order granting in part and denying in part Shakara Carter’s motion to be resentenced under the First Step Act of 2018, and remanded.

The panel wrote that Concepcion v. United States, 142 S. Ct. 2389 (2022), has three holdings relevant here: (1) that the First Step Act allows district courts to consider intervening changes of law or fact in exercising their discretion to reduce a sentence; (2) that because district courts must consider…