First Step Act Stacking Won’t Apply to Priorly Sentenced Inmate

A federal inmate can’t benefit from reduced stacking of his re-convictions under the First Step Act because a previous felony conviction that was ultimately vacated precludes him from being eligible, a federal appeals panel ruled Monday.

Orestes Hernandez must have his two re-sentenced firearm convictions from 2022 stacked to a 25-year sentence, rather than the reduced 10-year alternative afforded under the Act, a split panel with the US Court of Appeals for the Eleventh Circuit said, upholding a district court ruling. A prior firearm conviction that was vacated in 2021 prevents him from the reduced stacking because the vacated ...