Second Circuit: Abuse of Discretion Standard Applies to 18 U.S.C. 3582(c)(2) Motions

United States v. Borden, Docket No. 08-1625-cr (2d Cir. April 17, 2009) (found here)

Joining several other circuits, the Second Circuit has held that because 18 U.S.C. § 3582(c)(2) "states that a district court may reduce the term of imprisonment, it clearly allows for a district court to exercise its discretion on whether to resentence a defendant, but does not require it to do so.  Accordingly, we join our sister circuits in holding that we review a district court's decision to deny a motion under 18 U.S.C. § 3582(c)(2) for abuse of discretion."

Comments

[Joe]

Troubling.