United States v. Maiello, Jr., No. 15-10532 (11th Cir. 2015)
Annotate this CaseDefendant challenged the district court's decision to apply the one year delay contemplated by U.S.S.G. 1B1.10(e) to his motion for a sentence reduction. The court held that the district court did not err when it applied section 1B1.10(e) to the motion for sentence reduction under 18 U.S.C. 3582(c)(2) and Amendment 782 filed by defendant. The court concluded that there was no imposition or lengthening of defendant's sentence; section 1B1.10(e) is binding on the courts; the adoption of section 1B1.10(e) did not violate the Administrative Procedure Act (APA), 5 U.S.C. 500 et seq.; and the limitation on retroactive application of Amendment 782 imposed by section 1B1.10(e) does not violate the separation of powers principle. Accordingly, the court affirmed the judgment.
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