20-1059 United States v. Burden
UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
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August Term, 2020
(Submitted: January 15, 2021 Decided: February 16, 2021)
Docket No. 20-1059
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UNITED STATES OF AMERICA,
Appellee,
- v. -
TERRENCE BOYD, TODD SUMMERVILLE, DAVID M. BURDEN, AKA X, AKA DMX, ANTHONY BURDEN, AKA TONY, AKA MACKEY, WILLIE PREZZIE, AKA DOG, AKA PREZ, ANTHONY BUCHANAN, AKA JUNGLE, TERRENCE THOMPSON, AKA CREED, MICHAEL SAWYER, AKA MICHAEL MOSS, TERRA NIVENS, AKA STINK, AKA STINKFINGER, FRANK KNIGHT, AKA GROOVY, AKA ACE, DWIGHT MASCHEK, AKA SHORTY, JERMAINE MARTIN, AKA PSYCHO, ANDRE MCCLENDON, AKA POPSICLE, MICHAEL GLENN, AKA ROCKAFELLA, ROBERT JONES, AKA SWINGER, DAVID L. BURDEN, AKA QUINTEN, AKA SID, JOSEPH DANIELS, AKA DIGITAL, LAVON GODFREY, ALVIN WHITE, AKA UNCLE LEE, ANDRE DAWSON, AKA YUP YUP, JEFFREY FREDERICKS, AKA JL, AKA DAHMER, JAHOD NASH, AKA HOTTIE JIG, MARK CALDWELL, AKA LT. SPARKS, KEVIN HAMLETTE, AKA FRESH, PATRICE ST. SURIN, AKA PATRICK, AKA WATTY WAT, ERNEST EUGENE WELDON, AKA GENE, AKA MEAN GENE, AKA MEAN ONE, THOMAS HOLMAN, AKA UNO, ADAM SANDERS, AKA AD, KENDAL MULLINS, AKA K-NICE, THOMAS FAGAN, JOSEPH DARDEN, JEFFREY LOCKHART, LAMONT BROWN, AKA L, ST. CLAIR BURDEN, AKA GOWSER, AKA GP, AKA BOO BOO, JERMAINE BUCHANAN, AKA SKI, CEDRIC BURDEN, AKA SID, ANTONIO WILLIAMS, AKA LO LO, ANGEL CABRERA, AKA CHEEKS, KEITH LYONS, AKA PAPA LARGE, AKA POPS, BARNEY BURDEN, AKA ROCK, AKA BUDDY, AKA BUDDY ROCK, DEMETRIUS STORY, LESLIE WAYNE CARLOS, AKA CHEETAH,
Defendants,
KELVIN BURDEN, AKA WAFFLE, AKA UNCLE, AKA UNC
Defendant-Appellant.
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Before: WALKER, KATZMANN, and LOHIER, Circuit Judges.
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Appeal from a judgment of the United States District Court for District of Connecticut (Hall, J.) denying defendant-appellant Kelvin Burden's motion for a sentence reduction pursuant to the First Step Act of 2018. In 2003, Burden was convicted of multiple drug- and racketeering-related crimes and sentenced to life imprisonment. In 2015, the district court granted him a plenary resentencing and reduced his sentence to 365 months' imprisonment. In 2019, Burden moved for a further sentence reduction pursuant to the First Step Act, but the district court denied the motion on the ground of ineligibility, giving rise to this appeal. We agree that Burden is ineligible for First Step Act relief because his existing sentence was "imposed . . . in accordance with" the relevant terms of the Fair Sentencing Act. Pub. L. No. 115-391, § 404(c), 132 Stat. 5194, 5222 (2018). Burden's 2015 sentence, the operative sentence in this appeal, was imposed after the effective date of the crack cocaine provisions in section 2 of the Fair Sentencing Act of 2010, see Pub. L. No. 111-220, § 2, 124 Stat. 2372, 2372, and the district court sentenced Burden in accordance with these provisions at the 2015 hearing. Accordingly, we AFFIRM. _______________
MARC H. SILVERMAN (Sandra S. Glover, of counsel), Assistant United States Attorneys, for John H. Durham, United States Attorney for the District of Connecticut, New Haven, CT, for Appellee.
ELIZABETH LATIF, Law Offices of Elizabeth A. Latif PLLC, West Hartford, CT, for