United States Second Circuit

Order granting a within-Guidelines sentence reduction to Defendant under 18 U.S.C. section 3582(c)(2) pursuant to Amendment 750 of the U.S. Sentencing Guidelines, but declining to grant a downward variance from the applicable reduced sentencing range is affirmed, where: 1) the district court did not err in determining that defendant was not entitled to a downward variance as a part of his sentence reduction; 2) under section 1B1.10 of the Guidelines, the district court did not have discretion to apply the variance to which defendant asserts he was entitled; and 3) in spite of defendant's arguments to the contrary, section 1B1.10 was a valid exercise of the Sentencing Commission's authority, and did not violate the Administrative Procedure Act's requirements for the promulgation of formal rules.

Appellate Information

• Decided 05/23/2013
• Published 05/23/2013

Judges

• STRAUB

Court

• United States Second Circuit

Counsel