United States v. Figueroa, No. 12-3271 (2d Cir. 2013)
Annotate this CaseDefendant appealed the district court's denial of his motion for resentencing pursuant to 18 U.S.C. 3582(c) and U.S.S.G. 1B1.10. Although the district court concluded that defendant was eligible for a sentence reduction, it declined to reduce his sentence, finding that he posed a danger to the community based on his conduct while in detention. Defendant had incurred eight disciplinary sanctions while incarcerated, five of which (and the most violent) occurred after he was sentenced. The court concluded that the district court acted well within its discretion in considering this conduct and denying a sentence reduction on that basis. Accordingly, the court affirmed the judgment.
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