Federal Defenders of New York Second Circuit Blog

3582(c)(2)

District court’s decision denying a motion for a sentence reduction under 18 U.S.C.§ 3582(c)(2) is vacated — explanation was insufficient to permit meaningful appellate review

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United States v. Mazza, No.15-2394-cr  (2d Cir. May 19, 2016) (summary order) (Jacobs, Parker, and Raggi). Congratulations to the Federal Defenders in New Haven for obtaining a vacatur and remand of a district judge’s refusal to grant a defendant’s motion for a reduction of sentence under 18 U.S.C.  § 3582(c)(2).  In this summary order, the … Read more

Circuit affirms denial of 18 U.S.C. 3582 sentence reduction

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In United States v. Jimenez, 15-1624, the Circuit affirmed the District Court’s denial of a reduction in sentence pursuant to 18 U.S.C. 3582.  The Circuit held that when the District Court stated that a lower sentence was “foreclose[d]” by the defendant’s participation in four murders, it meant that the original sentence was the minimum sentence … Read more

Between the Cracks

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United States v. Rivera, No. 10-1199 (2d Cir. October 21, 2011) (Katzmann, Chin, CJJ, Gleeson, DJ) This interesting decision answers an unanswered question in the circuit’s jurisprudence on § 3582(c)(2) motions. The outcome is favorable for Mr. Rivera, but will likely not last. An amended version of U.S.S.G. § 1B1.10 goes into effect on November … Read more

Out Of Range

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United States v. Main, No. 08-4088-cr (2d Cir. August 27, 2009) (Walker, Wallace, CJJ) Christopher Main pled guilty to a crack cocaine offense pursuant to a Rule 11(c)(1)(C) agreement that stipulated to maximum sentence of 96 months, which was below the 120 to 150-month guideline range, and provided a “carve-out” for Main to seek a … Read more

Reduction Ad Absurdum

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United States v. Savoy, No. 08-4800-cr (2d Cir. May 27, 2009)(per curiam) After a 1998 jury trial on crack distribution charges, Demetric Savoy faced a guideline sentencing range of 188 to 235 months’ imprisonment, and received a sentence at the bottom of the range. In 2008, he moved, under 18 U.S.C. § 3582(c)(2), for a … Read more

Caboose of Discretion

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United States v. Borden, No. 08-1625-cr (2d Cir. April 22, 2009: amended opinion) (Cabranes, Hall, CJJ, Sweet, DJ) Every other circuit to consider the question has concluded that a district court’s denial of a crack retroactivity motion under 18 U.S.C. § 3582(c)(2) is reviewed for abuse of discretion. With this decision, the Second Circuit joins … Read more