United States v. Sainz, No. 17-10310 (9th Cir. 2019)
Annotate this CaseThe 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.
Court Description: Criminal Law Reversing the district court’s denial of a motion for a sentence reduction under 18 U.S.C. § 3582(c)(2) and remanding for further proceedings, the panel held that a district court may not sua sponte raise a defendant’s waiver of the right to file a § 3582(c)(2) motion and deny the motion on that ground.
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