What is the test for a motion to reduce a defendant's sentence under section 3582(c)(2) of the Criminal Code?

MultiRegion, United States of America

The following excerpt is from United States v. Smith, Criminal Case No.: 09-cr-3394-JM (S.D. Cal. 2012):

Where a defendant is permitted to seek a reduction, the district judge may conclude that a reduction would be inappropriate. Freeman v. United States, 131 S.Ct. 2685, 2694 (2011). A court may take into account a defendant's decision to enter into a plea agreement and if it "concludes the agreement led to a more lenient sentence than would otherwise have been imposed, it can deny the motion, for the statute permits but does not require the court to reduce a sentence. This discretion ensures that 3582(c)(2) does not produce a windfall." Id.

Other Questions


What is the test for a motion to reduce a defendant's sentence pursuant to section 3582(c)(1)(A) of the Criminal Code? (MultiRegion, United States of America)
In a motion to amend the sentence of a convicted criminal to a maximum sentence under Section 851 of the Criminal Code, what is the difference between the convictions of two separate defendants? (MultiRegion, United States of America)
Can a sentence under section 924(c) of the Criminal Code run concurrently with another sentence under the same section? (MultiRegion, United States of America)
Is a conspiracy conviction under section 846 of the Criminal Code mandatory minimum sentence for conspiracy to commit a crime punishable by section 841 of the Federal Criminal Code? (MultiRegion, United States of America)
What is the test for "buse of discretion" in the context of a motion for reduced sentence under Section 3582(c)(2)(B) of the Criminal Code? (MultiRegion, United States of America)
Is a minor criminal offence included in the criminal history of a defendant under section 4A1.2(c)(2) of the Criminal Code? (MultiRegion, United States of America)
What are the implications of section 2244 of the Criminal Code of Ontario's Criminal Code when it comes to sentencing sentences? (MultiRegion, United States of America)
What factors must a court consider when sentencing a defendant to a reduced sentence under section 3553(a) of the Criminal Code? (MultiRegion, United States of America)
Does a federal district court have jurisdiction to modify a defendant's sentence under 18.C. section 3582(c)(2) of the Criminal Code? (MultiRegion, United States of America)
Can a defendant waive their right to appeal a reduced sentence under Section 3582(c) of the Criminal Code? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.