Is a District Court's denial of a motion under section 3582(c)(2) of the Criminal Code considered an abuse of discretion?

MultiRegion, United States of America

The following excerpt is from United States v. Almanzar, 14-2915 (2nd Cir. 2015):

2. Because the district court relied on Almanzar's gang membership at sentencing, we need not consider whether a district court's denial of a 3582(c)(2) motion based partly on a factor that it declined to consider in imposing sentence might constitute an abuse of discretion. We note, however, that Almanzar has cited no case that supports his position, and that we previously explained that "[n]othing prevents a district court from making new findings of fact when ruling on a 3582(c)(2) motion, so long as those findings are not inconsistent with those made at the original sentencing." United States v. Rios, 765 F.3d 133, 138 (2d Cir. 2014), citing United States v. Davis, 682 F.3d 596, 612 (7th Cir. 2012).

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