What is the test for "buse of discretion" in the context of a motion for reduced sentence under Section 3582(c)(2)(B) of the Criminal Code?

MultiRegion, United States of America

The following excerpt is from United States v. Smith, No. 15-1620 (2nd Cir. 2016):

1. "'[A]buse of discretion' is a distinctive term of art that is not meant as a derogatory statement about the district judge whose decision is found wanting." Vill. of Freeport v. Barrella, F.3d, 2016 WL 611877, at *7 (2d Cir. Feb. 16, 2016) (internal quotation marks omitted).

2. We note that there is an exception to this general prohibition for a "defendant's substantial assistance to authorities," U.S.S.G. 1B1.10(b)(2)(B), but it is inapplicable to Smith. We also note that, in deciding a motion for sentence reduction pursuant to Section 3582(c)(2), a court must treat applicable Guidelines provisions as binding rather than merely advisory. See United States v. Steele, 714 F.3d 751, 754 (2d Cir. 2013).

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