United States v. Bethea, No. 12-961 (2d Cir. 2013)
Annotate this CaseDefendant pled guilty to cocaine distribution. On appeal, defendant challenged the district court's denial of a motion for sentencing modification. At issue was what procedure a district court should follow under 18 U.S.C. 3582(c). The court concluded that the district court must engage in a two-step approach under Dillon v. United States and United States v. Wilson. The court reversed and remanded for the district court to (1) specifically determine defendant's eligibility for a sentencing modification; and (2) consider whether any applicable 18 U.S.C. 3553(a) factors counseled in favor of a reduction.
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