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Is the Fifth Circuit's definition of a 'complete review' under Section 404 consistent with this Court's decision in Concepcion?
The Fifth Circuit Court of Appeals held that a district court did not need to consider the merits of a defendant’s motion for sentence reduction under Section 404 of the First Step Act because the district court had already provided the defendant with a “complete review” of a previous motion. However, the district court’s previous denial relied upon the now -abrogated Fifth Circuit standard that a court plac e itself in the time frame of the original sentencing, altering the relevant legal landscape only by the changes mandated by the 2010 Fair Sentencing Act, and therefore the district court refused to consider the defendant’s arguments about intervening changes of law and fact . Is the Fifth Circuit ’s definition of a “complete review” under Section 404 consistent with this Court’s decision in Concepcion?