United States v. Bryant
| Docket Number | 19-14267 |
| Decision Date | 07 May 2021 |
Defendant, a corrupt former police officer who was sentenced to prison for running drugs and guns, filed a motion seeking a reduction in his sentence under 18 U.S.C. 3582(c)(1)(A). The district court denied the motion based on the Sentencing Commission's policy statement found at USSG 1B1.13
The Eleventh Circuit affirmed and concluded that section 1B1.13 is an applicable policy statement for all section 3582(c)(1)(A) motions, and Application Note 1(D) does not grant discretion to courts to...
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696 cases
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United States v. Eccleston
...just does not want it to restrict the defendant's ability to be resentenced. See McGee, 992 F.3d at 1048. Cf. United States v. Bryant, 996 F.3d 1243, 1255 (11th Cir. 2021) ("There is no question that 1B1.13 is the policy statement the Commission adopted to comply with this statutory mandate......
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United States v. Gonzales
...just does not want it to restrict the defendant's ability to be resentenced. See McGee, 992 F.3d at 1048. Cf. United States v. Bryant, 996 F.3d 1243, 1255 (11th Cir. 2021) ("There is no question that 1B1.13 is the policy statement the Commission adopted to comply with this statutory mandate......
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United States v. Ruvalcaba
...panel of the Eleventh Circuit has held that the current policy statement applies to prisoner-initiated motions. See United States v. Bryant, 996 F.3d 1243, 1247 (11th Cir.), cert. denied, ––– U.S. ––––, 142 S. Ct. 583, 211 L.Ed.2d 363 (2021). That holding, though, is based mainly on the cou......
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United States v. Pate
..."must be derived from the text itself" and "cannot be used to contradict the text" or used alone to justify it. United States v. Bryant , 996 F.3d 1243, 1257–58 (11th Cir. 2021) (quoting Bellitto v. Snipes , 935 F.3d 1192, 1201 (11th Cir. 2019) ). But a statute's purpose, when derived from ......
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1 books & journal articles
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Criminal Law
...§ 3582(c)(1)(A) (2018).127. . Id.128. Id.129. Id.130. U.S. Sent'g Guidelines Manual § 1B1.13 (U.S. Sent'g Comm'n 2018). 131. Id.132. 996 F.3d 1243 (11th Cir. 2021).133. Id. at 1251-52, 1265. 134. Id. at 1269 (Martin, J., dissenting).135. United States v. Tinker, 14 F.4th 1234, 1240 (11th Ci......