United States v. D.M.

The Ninth Circuit vacated the district court's order denying defendant's motion for a sentence reduction under 18 U.S.C. 3582(c)(2). Although the Government agreed that defendant was eligible for a sentence reduction, it argued that the appeal was moot because defendant had been released from federal prison. The panel held that the appeal was not moot and that USSG 1.10(b)(2)(B) allows a court to consider a number of departures when calculating a reduction in sentence where the defendant has provided substantial assistance. The panel also held that defendant was entitled to the benefit of the rule of lenity because the Guideline was ambiguous. Accordingly, the court remanded to the district court. View "United States v. D.M." on Justia Law