United States Second Circuit

District court's denials of defendants' motions for sentence reduction are affirmed, where: 1) defendants Rios and Bautista pleaded guilty to one count of conspiracy to distribute and possess with intent to distribute cocaine base, but moved for a reduced sentence in light of amendments made to the Sentencing Guidelines that lowered the base offense levels applicable to crimes involve certain quantities of cocaine base; 2) the district court appropriately held an evidentiary hearing; and 3) the district court did not clearly err in making a drug quantity finding that supported not reducing the sentences.

Appellate Information

• Decided 09/08/2014
• Published 09/08/2014

Judges

• Walker

Court

• United States Second Circuit

Counsel