United States v. Derry, No. 15-1829 (2d Cir. 2016)
Annotate this CaseDefendant challenged the denial of his motion for a sentence modification under 18 U.S.C. 3582(c)(2). Defendant had received a sentence modification in 2011 based upon Amendment 750 to the Sentencing Guidelines and sought a second modification in 2015 based upon Amendment 782. The court held that when a defendant is serving a term of imprisonment that has been modified pursuant to section 3582(c)(2), his sentence is “based on” the guideline range applied at his most recent sentence modification, rather than the range applied at his original sentencing. In this case, because defendant’s sentence is “based on” a guideline range of 235 to 293 months and that range has not subsequently been lowered by Amendment 782, he is ineligible for a sentence modification. Accordingly, the court affirmed the judgment.
The court issued a subsequent related opinion or order on June 2, 2016.
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