USCA11 Case: 20-12106 Date Filed: 07/02/2021 Page: 1 of 2

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

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No. 20-12106

Non-Argument Calendar

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D.C. Docket No. 4:06-cr-00061-RH-MAF-1 UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus KENNETH DEWAYNE COPELAND, a.k.a. Kent D. Copeland,

Defendant-Appellant.

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Appeal from the United States District Court

for the Northern District of Florida

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(July 2, 2021) Before NEWSOM, BRANCH, and ANDERSON, Circuit Judges. PER CURIAM:

USCA11 Case: 20-12106 Date Filed: 07/02/2021 Page: 2 of 2

Kenneth Copeland appeals the district court’s denial of his motion for a reduced sentence under Section 404 of the First Step Act of 2018, arguing that the district court erred in concluding that he was ineligible for a sentence reduction because his conviction under 21 U.S.C. § 841(b)(1)(C) was not a covered offense.1 Because Copeland’s claim is foreclosed by the Supreme Court’s recent decision in Terry v. United States, __ S. Ct. __, 2021 WL 2405145, at *4–5 (June 14, 2021), which held that § 841(b)(1)(c) is not a covered offense under the First Step Act, we affirm.

AFFIRMED.

1

“When Congress enacted the First Step Act of 2018, it granted district courts discretion to reduce the sentences of crack-cocaine offenders [who were sentenced for a covered offense] in accordance with the amended penalties in the Fair Sentencing Act [of 2010].” United States v. Jones, 962 F.3d 1290, 1297 (11th Cir. 2020).

2