UNITED STATES OF AMERICA v. EDWARD DALE (23-1050); GENE POLK (23-1069); JOHN GORDON (23-1070); GREGORY BROWN (23-1071) - Articles

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UNITED STATES OF AMERICA v. EDWARD DALE (23-1050); GENE POLK (23-1069); JOHN GORDON (23-1070); GREGORY BROWN (23-1071)

Posted by: Tanja Trezise on Oct 14, 2025

Head Comment: MURPHY delivered a separate dissenting opinion.

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED and ON BRIEF: Jessica Currie, UNITED STATES ATTORNEY’S OFFICE, Detroit, Michigan, for Appellant.

Attorneys 2: ARGUED and ON BRIEF: Fabián Rentería, OFFICE OF THE FEDERAL COMMUNITY DEFENDER, Detroit, Michigan, for Appellee Dale.

Attorneys 3: ARGUED and ON BRIEF: John Minock, CRAMER & MINOCK PLC, Ann Arbor, Michigan, for Appellee Polk.

Attorneys 4: ARGUED and ON BRIEF: Nicole L. Smith, SMITH MIHAS, Wyandotte, Michigan, for Appellee Gordon.

Attorneys 5: ARGUED: Laura Danielle Mazor, OFFICE OF THE FEDERAL COMMUNITY DEFENDER, Detroit, Michigan, for Appellee Brown.

Attorneys 6: ON BRIEF: Laura Danielle Mazor, Benton Martin, OFFICE OF THE FEDERAL COMMUNITY DEFENDER, Detroit, Michigan, for Appellee Brown.

Judge(s): WHITE, STRANCH, and MURPHY, Circuit Judges

Court Appealed: United States District Court for the Eastern District of Michigan at Detroit

HELENE N. WHITE, Circuit Judge. The government appeals the reduction of Defendants’ sentences, from life imprisonment to terms of years, under the First Step Act of 2018, Pub. L. No. 115-391, 132 Stat. 5194. Defendants were initially sentenced for a conspiracy involving both powder and crack cocaine and several homicides. The government argues that the First Step Act did not authorize the district court to reduce Defendants’ sentences for the homicide convictions because the homicide convictions are not “covered offenses” under § 404 of the Act and were not part of sentencing packages, and that the reduced sentences for all the convictions are substantively unreasonable in any event. Because we conclude that the First Step Act allows resentencing on some, but not all, non-covered offenses, specifically only those that are part of a sentencing package, we VACATE the sentences imposed on resentencing and REMAND for further proceedings consistent with this opinion.

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