United States v. Moyhernandez
| Docket Number | 20-625 |
| Decision Date | 15 July 2021 |
The Second Circuit affirmed the district court's denial of defendant's motion to reduce his sentence under section 404 of the First Step Act. Defendant was sentenced to 360 months in prison based on his conviction on charges including conspiracy to distribute, and to possess with intent to distribute, more than 50 grams of cocaine base
The court concluded that district courts are not required to consider the 18 U.S.C. 3553(a) factors when reducing a sentence under section 404 of the First Step Act. The...
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13 cases
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United States v. Graham, 20-832
...from the principle of party presentation to decide the issue on which the appellant relies for relief." United States v. Moyhernandez , 5 F.4th 195, 207 (2d Cir. 2021) (emphasis added), cert. granted, vacated, and remanded on other grounds , ––– U.S. ––––, 142 S. Ct. 2899, ––– L.Ed.2d –––– ......
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Kaziu v. United States
...plenary resentencings, and do not require compliance with the procedural rules attendant on sentencings. See United States v. Moyhernandez, 5 F.4th 195, 198 (2d Cir. 2021), vacated on other grounds by Concepcion v. United States, 597 U.S. 481, 142 S.Ct. 2389, 213 L.Ed.2d 731 (2022); United ......
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United States v. Montgomery
...reasoned that Boulding does not require district courts to apply the Guidelines as they exist at the time of resentencing. 5 F.4th 195, 203 (2d Cir. 2021). Likewise, 35 days after the Second Circuit rejected Montgomery ’s reading of Boulding , the Eleventh Circuit rejected Boulding to hold ......
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United States v. Montgomery
... ... And Montgomery does not ... even whisper of Maxwell ... [ 22 ] ... The ... Second, Eleventh, and Sixth Circuits have since read ... Boulding contrary to the Montgomery ... court's reading. In United States v ... Moyhernandez , the Second Circuit reasoned that ... Boulding does not require district courts to apply ... the Guidelines as they exist at the time of resentencing. 5 ... F.4th 195, 203 (2d Cir. 2021). Likewise, 35 days after the ... Second Circuit rejected Montgomery 's reading of ... ...
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