United States of America v. Paul Stanley Bradshaw

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 21-2628
___________________________
United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Paul Stanley Bradshaw
lllllllllllllllllllllDefendant - Appellant
____________
Appeal from United States District Court
for the District of North Dakota
____________
Submitted: April 6, 2022
Filed: April 11, 2022
[Unpublished]
____________
Before KELLY, STRAS, and KOBES, Circuit Judges.
____________
PER CURIAM.
Paul Bradshaw appeals the district court’s1 order denying his motion for a
sentence reduction under Section 404 of the First Step Act. Following careful review,
1The Honorable Peter D. Welte, Chief Judge, United States District Court for
the District of North Dakota.

-- 1 of 2 --

see United States v. McDonald, 944 F.3d 769, 771 (8th Cir. 2019) (individual’s
eligibility for reduced sentence under First Step Act is reviewed de novo), we agree
with the district court that Bradshaw, who was sentenced to 200 months in prison
under 21 U.S.C. § 841(b)(1)(C), was ineligible for the relief he sought, see Terry v.
United States, 141 S. Ct. 1858, 1862-63 (2021) (because Fair Sentencing Act did not
modify statutory penalties for § 841(b)(1)(C), conviction under that section is not a
“covered offense” for purposes of First Step Act sentence-reduction eligibility). The
judgment is affirmed. See 8th Cir. R. 47B.
______________________________
-2-

-- 2 of 2 --