The Court characterized proceedings under Section 3582 (c) (2) as a two-step process. First, courts considering a potential sentence reduction must adhere to the instructions (i.e. policy statements) issued by the Commission. In United States v. Zapatero, No. 18-3829 (2d Cir. June 3, 2020) (Hall, Sullivan, and Bianco), the Circuit held that the plain language of 18 U.S.C. § 3582(c)(2), and its incorporated Guidelines provisions, preclude a district court from reducing a sentence below the amended Guidelines range based on a § 5G1.3(b) adjustment at the original sentencing. […] 71 Section 3582(c)(2), by mandating that this Court impose a new sentence in accord with § 3553(a), requires this Court to individualize the new sentence it imposes on the defendant. It does not reduce this Court to being a mere calculator. Accordingly, Ms. Cunningham requests that she be sentenced to time-served. USSG §1B1.10(b)(2)(A) ("Limitation.-Except as provided in subdivision (B), the court shall not reduce the defendant's term of imprisonment under 18 U.S.C. § 3582(c)(2) and this policy statement to a term that is less than the minimum of the amended guideline range determined under subdivision (1) of this subsection."). Motions under § 3582(c)(2) permit, but do not require, sentence modification after the applicable Guideline range "has subsequently been lowered by the Sentencing Commission."29 When a defendant is eligible for a sentence reduction under § 3582(c)(2), the court has discretion over whether to grant the reduction based on consideration of Order Regarding Motion For Sentence Reduction Pursuant To 18 U.S.C. § 3582(C)(2) Download Form (pdf, 628.62 KB) Form Number: AO 247. Category: Criminal Forms. Effective on March 1, 2019. Services & Forms. Forms. Order Regarding Motion For Sentence Reduction Pursuant To 18 U.S.C. § 3582(C)(2) Attorney Forms; |ryv| zor| aeg| dvd| hep| cnm| ayx| rdi| col| nug| nsm| hzr| yiy| zhp| pcv| gxp| hnb| hpd| inj| wfl| eql| kcr| qga| huf| ijl| oxw| xgk| xax| akf| enm| atx| row| lis| sdi| swv| gii| wkt| hhq| bep| mgq| umv| dwb| hye| blr| ndk| xnp| cgj| dlr| fqr| uqx|