United States v. Davis, No. 12-50522 (9th Cir. 2014)
Annotate this CaseDefendant pleaded guilty to drug and firearms offenses. On appeal, defendant challenged the district court's denial of his motion to reduce his sentence under 18 U.S.C. 3582(c)(2). The court concluded that defendant's primary contention - that amended U.S.S.G. 1B1.10(b) exceeded the Commission's statutory authority - was foreclosed by United States v. Tercero. The court also concluded that Section 1B1.10(b) did not offend separation of powers principles because it was simply the result of an exercise of Congress's power to control the scope of judicial discretion regarding sentencing. Accordingly, the court affirmed the judgment of the district court.
Court Description: Criminal Law. Affirming the district court’s denial of a motion to reduce a sentence pursuant to 18 U.S.C. § 3582(c)(2), the panel held that an amended policy statement, USSG Manual § 1B1.10(b), which generally prohibits a court from reducing a sentence to a term that is less than the minimum of the amended guidelines range, does not exceed the Sentencing Commission’s authority and does not violate the separation of powers doctrine.
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