United States v. Rios, No. 11-2624 (2d Cir. 2014)Annotate this Case
Defendants Rios and Bautista appealed their sentences after pleading guilty to conspiracy to distribute and possess with intent to distribute cocaine base. Defendants had moved twice under 18 U.S.C. 3582(c)(2) for a reduced sentence in light of amendments made in 2007 and 2011 to the Sentencing Guidelines that lowered the base offense levels applicable to crimes involving certain quantities of cocaine base. The court held that the district court appropriately held an evidentiary hearing, did not clearly err in making a drug quantity finding that supported not reducing the sentences, properly denied Bautista's motion for a reduced sentence, and did not violate Bautista's constitutional rights. Accordingly, the court affirmed the judgment.
The court issued a subsequent related opinion or order on September 8, 2014.