Friday, September 16, 2005

No Relief Under 18 USC 3582(c)(2) Where Amendments In Effect At Time Of Sentencing

U.S. v. Herrera-Garcia, 2005 WL 2176028 (9/9/05) - Reentry defendant could not get relief pursuant to 18 U.S.C. § 3582(c)(2) for application of the amendments in U.S.S.G. § 2L1.2 that provide for some aggravated felony convictions to get less than the 16 level bump all of such convictions used to get. § 3582(c) provides for application of amendments that lower a sentence after the defendant has already been sentenced. Here, the amendments were in effect when the defendant was sentenced.