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: Second Circuit Sentencing BlogSecond Circuit: Abuse of Discretion Standard Applies to 18 U.S.C. 3582(c)(2) Motions
United States v. Borden, Docket No. 08-1625-cr (2d Cir. April 17, 2009) (found here)
Joining several other circuits, the Second Circuit has held that because 18 U.S.C. § 3582(c)(2) "states that a district court may reduce the term of imprisonment, it clearly allows for a district court to exercise its discretion on whether to resentence a defendant, but does not require it to do so. Accordingly, we join our sister circuits in holding that we review a district court's decision to deny a motion under 18 U.S.C. § 3582(c)(2) for abuse of discretion."
Full post as published by Second Circuit Sentencing Blog on April 19, 2009 (boomark / email).
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