United States v. Orena, No. 21-2747 (2d Cir. 2022)
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Defendant contends primarily that the district court erred in denying his motion pursuant to Section 3582 by refusing to consider new evidence that he says calls into question the validity of his conviction.
The Second Circuit affirmed. The court concluded that when considering a motion for a sentence reduction pursuant to 18 U.S.C. Section 3582(c)(1)(A), a district court does not have discretion to consider new evidence proffered for the purpose of attacking the validity of the underlying conviction in its balancing of the 18 U.S.C. Section 3553(a) factors. Facts and arguments that purport to undermine the validity of a federal conviction must be brought on direct appeal or pursuant to 28 U.S.C. Section 2255 or Section 2241. Here, because the district court properly refused to consider such evidence here as to the Sections 3553(a) factors and otherwise did not abuse its discretion in denying Defendant’s motion for compassionate release, the court affirmed.
This opinion or order relates to an opinion or order originally issued on June 15, 2022.
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