A divided U.S. Court of Appeals for the Sixth Circuit has let stand a three-judge panel’s decision that a federal law which reduces mandatory-minimum prison terms for some crimes does not apply to a sentence imposed before the act’s 2018 enactment, highlighting a circuit split over the retroactive application of the First Step Act.

The full 6th Circuit, in an order Monday, did not disclose how each judge on the 15-member court voted, stating only that “less than a majority” voted in favor of reconsidering the panel’s ruling. A 16th judge, Stephanie Dawkins Davis, recused herself from the case without publicly disclosing why.