What is the test for abuse of discretion in sentencing decisions under Section 3582(c)(2) of the Criminal Code?
MultiRegion, United States of America
The following excerpt is from United States v. Rodriguez, No. 17-10233 (9th Cir. 2019):
We review a district court's 3582(c)(2) sentence reduction decision for abuse of discretion. United States v. Dunn, 728 F.3d 1151, 1155 (9th Cir. 2013). "A district court may abuse its discretion if it does not apply the correct law or if it rests its decision on a clearly erroneous finding of
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material fact." United States v. Sprague, 135 F.3d 1301, 1304 (9th Cir. 1998) (quoting United States v. Plainbull, 957 F.2d 724, 725 (9th Cir. 1992)).
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