What is the test for reducing a sentence under section 3582(c)(2) of the Criminal Code?
MultiRegion, United States of America
The following excerpt is from United States v. Rodriguez-Soriano, 855 F.3d 1040 (9th Cir. 2017):
In deciding whether to reduce a sentence under 3582(c)(2), a district court first determines a defendant's eligibility for a reduction. Dillon v. United States , 560 U.S. 817, 827, 130 S.Ct. 2683, 177 L.Ed.2d 271 (2010). If a defendant is eligible, the court must then consider the factors in 18 U.S.C. 3553(a) and assess whether the requested reduction is warranted. Dillon , 560 U.S. at 827, 130 S.Ct. 2683.
"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 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)
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)
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)
Can a defendant waive their right to appeal a reduced sentence under Section 3582(c) of the Criminal Code? (MultiRegion, United States of America)
Can a criminal conviction under section 2113(a) of the Civil Code of Civil Procedure be brought under Section 2113 of the Criminal Code when a plaintiff is injured in an accident? (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)
Is a section of the Criminal Code extending criminal liability beyond the express terms of the criminal code sufficient to be considered unconstitutional? (MultiRegion, United States of America)
When counting criminal convictions for career offender purposes under section 4A1.2 of the Criminal Code, is the criminal conviction of a career offender included in the criminal record calculation? (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)
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)
