United States Ninth Circuit

The district court's order denying defendant's second motion for a reduction of his sentence imposed following his 1993 conviction of conspiracy to possess and possessing with intent to distribute cocaine, is vacated and remanded, where: 1) the district court had jurisdiction to entertain defendant's second motion to modify his sentence under 18 USC section 3582; 2) the district court erred in failing to explain at all its rejection of the defendant’s arguments based on the section 3553(a) sentencing factors; but 3) an upward departure under the amended Guidelines' application note does not violate the Ex Post Facto Clause.

Appellate Information

• Decided 04/16/2013
• Published 04/16/2013

Judges

• CANBY

Court

• United States Ninth Circuit

Counsel