United States v. Huaracha Rodriguez

The Ninth Circuit reversed the district court's order granting defendant's motion for a sentence reduction under 18 U.S.C. 3582(c)(2), in light of Sentencing Guidelines Amendment 782. The panel clarified that, without an explicit and explicit drug quantity finding by the original sentencing judge, drug quantities in an adopted presentencing report were not binding in section 3582(c)(2) proceedings. Therefore, the panel remanded to the district court for supplemental findings of drug quantity and, if appropriate, resentencing. View "United States v. Huaracha Rodriguez" on Justia Law