United States v. Sainz, No. 17-10310 (9th Cir. 2019)Annotate this Case
The Ninth Circuit reversed the district court's denial of defendant's motion for a sentence reduction under 18 U.S.C. 3582(c)(2). The panel held that a district court may not sua sponte raise a defendant's waiver of the right to file a section 3582(c)(2) motion. In this case, the government waived defendant's waiver of his right to file a section 3582(c)(2) motion by failing to raise it in the district court, and the district court abused its discretion by raising the waiver sua sponte.