USA v. Justino Santa

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT
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No. 19-11657
Non-Argument Calendar
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D.C. Docket No. 9:95-cr-08083-DMM-1

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JUSTINO SANTA,
a.k.a. Tino,

Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Florida
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(November 25, 2020)
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Before MARTIN, BRANCH, and LUCK, Circuit Judges.

PER CURIAM:

Justino Santa 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 Santa’s motion because he “was sentenced as an Armed Career Criminal”
and, thus, “his offense level under the armed career offender guideline [did] not
change.” Mr. Santa has appealed.
When the district court denied Mr. Santa’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 commendably conceded that Mr. Santa is
eligible to be considered for a reduced sentence under the First Step Act, and the
district court is authorized to consider reducing his sentence under the Act. Having
reviewed Jones and the record in this case, we accept the government’s concession,
vacate the district court’s order in full, and remand for further proceedings under the
First Step Act and Jones. On remand, the district court must provide the parties with
the opportunity to respond in writing to the probation office’s memorandum. See
United States v. Jules, 595 F.3d 1239, 1245 (11th Cir. 2010).
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VACATED AND REMANDED.

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The court is grateful to attorney Emily J. Tidmore for accepting the appointment to
represent Mr. Santa and for representing him so ably.
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