United States v. Diaz (Rivera), No. 10-1199 (2d Cir. 2011)
Annotate this CaseDefendant was a crack cocaine offender who was convicted after trial and sentenced in 1996 to a 292-month term of imprisonment. On January 14, 2008, defendant filed a motion in district court pursuant to 18 U.S.C. 3582(c)(2) seeking a reduction of his sentence. Specifically, defendant sought to benefit from the 2007 decisions by the United States Sentencing Commission to (a) reduce the sentences for offenses involving crack and (b) make the reductions retroactive. The district court denied the motion on the ground that defendant was not eligible for a sentence reduction. Defendant timely appealed. The court held that defendant was indeed eligible for a reduction where the district court should exercise its broad discretion under section 3582(c)(2). Accordingly, the court reversed and remanded the case to the district court for a determination of whether defendant should receive a reduction.
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