What is the test for a motion for a discretionary sentence reduction for abuse of discretion?
MultiRegion, United States of America
The following excerpt is from United States v. Fletcher, 997 F.3d 95 (2nd Cir. 2021):
We generally review a district court's denial of a motion for a discretionary sentence reduction for abuse of discretion. United States v. Holloway , 956 F.3d 660, 664 (2d Cir. 2020). But where, as here, "the underpinning of the district court's ruling is statutory interpretation, we review it de novo ." United States v. Moore , 975 F.3d 84, 8889 (2d Cir. 2020) (internal quotation marks and alterations omitted); see also United States v. Davis , 961 F.3d 181, 186 (2d Cir. 2020).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for denial of a motion for a discretionary sentence reduction for abuse of discretion? (MultiRegion, United States of America)
What is the test for denying a motion for a reduction in a sentence for abuse of discretion? (MultiRegion, United States of America)
What is the test for abuse of discretion in the context of a motion to dismiss a motion for improper use of discretion? (MultiRegion, United States of America)
Is a motion to withdraw a guilty plea for abuse of discretion a pre-sentence motion? (MultiRegion, United States of America)
What is the test for "abuse of discretion" in sentencing sentencing sentences? (MultiRegion, United States of America)
Can a federal district court exercise its discretionary sentencing authority by sentencing a defendant to a minimum sentence based on the Guidelines? (MultiRegion, United States of America)
What is the test for "abuse of discretion" in a motion for reduced sentence? (MultiRegion, United States of America)
If a minor was a minor at the time of the sexual abuse, what is the impact of Section 2G2.2 of the Child Abuse Guideline on the sentence of a convicted child abuser? (MultiRegion, United States of America)
Does a denial of a motion to appoint counsel for abuse of discretion apply to the motion itself? (MultiRegion, United States of America)
In what circumstances will the Court consider an abuse of discretion finding that the Attorney General abused his discretion by asking a confederate to have the Graham family assaulted? (MultiRegion, United States of America)
