Whether petitioner Paul Surine should receive a reduced sentence under the First Step Act

QUESTIONS PRESENTED The most important question to be resolve by the US Supreme Court is if Petitioner Paul Surine and others in his own situation should be given a reduction of sentence according to the provisions of the First Step Act. Both the District Court and the Appellate Court decided against petitioner using wrong standards contrary to the word and spirit of the law enacted by Congress and the subsequent jurisprudence of most circuit courts. Both the District Court and the Appellate Court failed to use the facts presented by petitioner that were supposed to be used in deciding the case. The First Step Act made retroactive in section 404 a reduction of sentence about convictions under crack laws. The 404 section should stand by itself and not used wrong facts that aren't true to deny the petition of reduction of sentence. The First Step Act made retroactive the new measure of drugs according to the sentencing guidelines making crack 18 to 1 as compared to cocaine. Petitioner is clearly subject to this section and his sentence should have been reduced accordingly. Also various circuits agree that if the maximum or average sentence of crack coccain convictions are lower than when . petitioner was sentenced because of a change in the guidelines. When petitioner was sentenced the guidelines were from 10 years to life for a conviction but today it would have been from 5 to 40 years. According to the jurisprudence of the majority of circuits the First Step Act allows for a reduction of sentence based on that disparity of sentence. The District Court should have considered this in looking at the petition of petitioner and failed to do it. There4 is also jurisprudence of the majority of circuits in which an error in the quantity and amount of drugs that was in the indictment to the one that defendant was found guilty of should be corrected using the Provisions of the First Step Act. Petitioner was found guilty of 50 grams or morSe of drugs when his indictment did not gave any Wight for the drugs thus making it illegal to fin petitioner guilty for an amount not contained in the indictment. The District Court failed top use the factors of the First Step Act as related to age, health, recidivism probability, and conduct in prison to decide about giving him a reduction of sentence just concentration an the "danger for the community” standard if a very old crime. 06/07/2021.