FILED United States Court of Appeals Tenth Circuit PUBLISH March 9, 2021 Christopher M. Wolpert UNITED STATES COURT OF APPEALS Clerk of Court TENTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, v. No. 17-3150 DAVION L. JEFFERSON, Defendant - Appellant. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS (D.C. NO. 2:15-CR-20012-CM-1) Daniel T. Hansmeier, Appellate Chief (Melody Brannon, Federal Pubic Defender, with him on the supplemental briefs), Office of the Federal Public Defender, Kansas, City, Kansas, for Appellant. Jared S. Maag, Assistant United States Attorney (Stephen R. McAllister, United States Attorney, and James A. Brown, Assistant Untied States Attorney, Chief, Appellate Division, with him on the supplemental briefs), Office of the United States Attorney, Kansas City, Kansas, for Appellee. Before TYMKOVICH, Chief Judge, O’BRIEN, and MATHESON, Circuit Judges. TYMKOVICH, Chief Judge. This court previously affirmed Davion L. Jefferson’s conviction of Hobbs Act robbery in violation of 18 U.S.C. § 1951(a), (b)(1), and brandishing a firearm during and in relation to a crime of violence in violation of 18 U.S.C. § 924(c)(1)(A)(ii). See United States v. Jefferson, 911 F.3d 1290 (10th Cir. 2018). As we set forth in Jefferson I, Jefferson committed five robberies in eleven days, and during the last two he brandished a gun. For his crimes, Jefferson was sentenced to 454 months’ imprisonment. Part of this calculation included a mandatory minimum sentence of 25 years’ imprisonment imposed under 18 U.S.C. § 924(c)(1)(C)(i) based on his violent felonies. Following our decision, Jefferson filed a petition for certiorari in the Supreme Court of the United States. On January 13, 2020, the Supreme Court granted Jefferson’s petition, vacated our judgment, and remanded Jefferson’s case to this court for the limited purpose of considering the applicability of the newly- enacted First Step Act of 2018, Pub. L. No. 115-391 (2018), to Jefferson’s case. See Jefferson v. United States, 140 S. Ct. 861 (2020). Under the First Step Act, eligible defendants may file motions for sentence reductions based on the Act’s retroactive amendment of 18 U.S.C. § 924(c), which eliminated enhanced sentences for defendants who did not have a prior § 924(c) conviction. We then ordered the parties to file supplemental briefing to address the First Step Act, as well as whether remand to the district court was appropriate for it to consider the -2- applicability of the First Step Act or the effect of United States v. Bowen, 936 F.3d 1091 (10th Cir. 2019), an intervening decision issued by this court. Analysis We consider two issues: first, the scope of the Supreme Court’s remand; and second, because we conclude the scope is limited, whether the First Step Act affords Jefferson relief. A. Limited Remand The Supreme Court’s remand is limited. In its remand order, the Court stated that “[t]he judgment is vacated, and the case is remanded to the United States Court of Appeals for the Tenth Circuit for the court to consider the First Step Act of 2018, Pub. L. No. 115-391.” Jefferson, 140 S. Ct. …
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