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· 1/5/2018

State of West Virginia v. Jeffrey Lynn Hovatter

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that, as long as a defendant is serving any part of his sentence for an offense covered by the First Step Act, he is eligible for First Step Act relief
  • holding that the defendant’s original drug conviction under 21 U.S.C. § 841(a) fell within the Act’s definition of “covered offense,” meaning that so long as he is serving any part of his sentence for that offense, he is entitled to seek relief under the Act.
  • concluding defendant was eligible for relief under the First Step Act when he was serving a revocation sentence and had been first convicted of a covered offense under the First Step Act
  • concluding defendant was eligible for relief under the First Step Act when he was serving a revocation sentence and had been first convicted of a covered offense under the First Step Act
  • concluding defendant was eligible for relief under the First Step Act when he was serving a revocation sentence and had been first convicted of a covered offense under the First Step Act
  • emphasizing that the proper use of letters filed under Federal Rule of Appellate Procedure 28(j) is to alert the court to new authority that has “come to a party’s attention after briefing or oral argument” (citation omitted and emphasis added)

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.