United States v. Torres-Rivera, No. 15-2024 (1st Cir. 2017)Annotate this Case
The First Circuit vacated the district court’s denial of Defendant’s motion to reduce his sentence pursuant to 18 U.S.C. 3582(c)(2) and remanded for reconsideration.
Defendant pled guilty to one count of a six-count indictment charging him with conspiring and agreeing to possess with intent to distribute various controlled substances. The district court imposed a sentence of 102 months’ imprisonment, to be followed by eight years of supervised release. Defendant later moved to reduce his sentence on the basis of U.S.S.G. app. C supp., amend. 782, which, if applied, would drop his guidelines sentencing range to seventy-eight to ninety-seven months. The district court denied Defendant’s motion, noting Defendant’s “conduct at the Bureau of Prisons.” The First Circuit vacated the denial of Defendant’s motion because it appeared from the record that Defendant’s conduct in prison was “materially less problematic than the district court may have been led to believe.”