United States Second Circuit

Section 1B1.10 of the Sentencing Guidelines, as incorporated by 18 U.S.C. 3582(c)(2), require a resentencing court to apply the amended Guidelines range that would have been applicable to the defendant under the retroactive amendment, without applying any previously granted departure, except for a departure granted upon an appropriate motion by the government based on the defendant’s substantial assistance, and here, the district court's determination that defendant was not entitled to a downward departure on resentencing is affirmed.

Appellate Information

• Decided 05/09/2013
• Published 05/09/2013

Judges

• PER CURIAM

Court

• United States Second Circuit

Counsel