USA v. Patrick Frederick Williams

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT
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No. 19-13399
Non-Argument Calendar
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D.C. Docket No. 2:03-cr-14041-KMM-1

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

PATRICK FREDERICK WILLIAMS

Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Florida
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(September 10, 2020)
Before WILSON, LUCK, and ANDERSON, Circuit Judges.

PER CURIAM:
Case: 19-13399 Date Filed: 09/10/2020 Page: 1 of 2

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Patrick Frederick Williams moved to reduce his sentence under section 404
of the First Step Act of 2018, Pub. L. No. 115-391, 132 Stat. 5194, 5222, § 404. The
district court denied Williams’s motion because, it concluded, he was ineligible for
a reduction under section 404. Williams has appealed.
When the district court denied Williams’s motion, it did not have the benefit
of our decision in United States v. Jones, 962 F.3d 1290 (11th Cir. 2020). We do,
and now that we do, the government has conceded “that Williams’s conviction is a
covered offense under the First Step Act [section] 404(a)” and “he is eligible to have
the district court consider whether to reduce his sentence in consideration of the
statutory and guideline ranges that would apply ‘as if’ the Fair Sentencing Act’s
higher crack amount thresholds were in effect.” Having reviewed Jones and the
record in this case, we agree with the government and accept its confession of error.
We therefore vacate the district court’s order and remand for further proceedings
under the First Step Act and Jones.
VACATED and REMANDED.
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