United States Ninth Circuit

Denial of defendant's motion under 18 U.S.C. section 3582(c)(2) for reduction of sentence based on Amendments 782 and 788 to the Sentencing Guidelines is affirmed where: 1) the district court did not abuse its discretion in granting defendant's motion under Fed. R. App. P. 4(b)(4) for an extension of time to file an appeal, and the notice of appeal is therefore timely; 2) the district court cannot apply a retroactive amendment to reduce an already imposed sentence prior to that amendment's effective date; and 3) the Sentencing Commission's determination of the appropriate effective date for a retroactive amendment is not invalid simply because he Commission made reference to prisoner's rehabilitative needs.

Appellate Information

• Decided 09/04/2015
• Published 09/04/2015

Judges

• TASHIMA

Court

• United States Ninth Circuit

Counsel