What is the test for "abuse of discretion" in a motion for reduced sentence?
MultiRegion, United States of America
The following excerpt is from United States v. Jefferson, 15-3576-cr (2nd Cir. 2016):
"We review a district court's decision to deny a motion for sentence reduction under 18 U.S.C. 3582(c)(2) for abuse of discretion." United States v. Rios, 765 F.3d 133, 137 (2d Cir. 2014) (internal quotation marks and alterations omitted). An abuse of discretion occurs when the district court "base[s] its ruling on an erroneous
Page 4
"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
Is a defendant's sentence reduced de novo because it was based on a sentencing range that was subsequently reduced by the sentencing commission? (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 the context of a motion to dismiss a motion for improper use of discretion? (MultiRegion, United States of America)
Does the 9th Circuit have jurisdiction to hear a claim that a federal district court abused its discretion by sentencing a convicted criminal to a reduced sentence based on his criminal conviction? (MultiRegion, United States of America)
What is the test for a motion to reduce sentence for abuse of discretion? (MultiRegion, United States of America)
What is the test for "abuse of discretion" in sentencing sentencing sentences? (MultiRegion, United States of America)
What are the implications of a finding of "abuse of discretion" in a finding that a judge abused 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 denial of a motion for a discretionary sentence reduction for abuse of discretion? (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)
