UNITED STATES OF AMERICA v. DAVID TOBIAS MAY
US Court of Appeals for the Fourth Circuit, Floyd, April 25, 2017,
Sentencing (federal) – 18 USC 3582(c)(2) allows relief if a sentencing range has been lowered, but not if an “ingredient” in that range has been lowered.
Sentencing- 18 USC 3582(c)(2) only allows relief when the defendant has been sentenced to a term of imprisonment based on a sentencing range that has been subsequently lowered.
Sentencing- 18 USC 3582(c)(2) does not authorize relief when the defendant has agreed to be sentenced to a term of imprisonment based on an ingredient of a sentencing range that has been subsequently lowered.
Sentencing- 18 USC 3582(c)(2) authorizes relief only when the defendant has been “sentenced to a term of imprisonment based on a sentencing range that has subsequently been lowered.”