{"id":1575,"date":"2017-02-11T22:27:46","date_gmt":"2017-02-11T22:27:46","guid":{"rendered":"https:\/\/sentencing.net\/?p=1575"},"modified":"2019-11-08T13:53:17","modified_gmt":"2019-11-08T18:53:17","slug":"amendment-782-reconsideration-required","status":"publish","type":"post","link":"https:\/\/sentencing.net\/sentencing\/amendment-782-reconsideration-required","title":{"rendered":"Amendment 782 Motion Reconsideration"},"content":{"rendered":"\r\n
Reinaldo Rivera moved for 18 U.S.C. \u00a7 3582(c)(2) relief based on Amendment 782 to the Guidelines, commonly known as \u201cdrugs minus 2.\u201d The district court granted the motion and reduced his sentence to 420 months from LIFE. But in doing so, the district court believed Rivera\u2019s mandatory minimum was 30 years for his CCE conviction. This was error because Rivera had no priors under 18 U.S.C. \u00a7 848. His correct mandatory minimum was 20 years.<\/p>\r\n
The Government argued that the district court\u2019s misapprehension of the mandatory minimum did not constitute plain error. The Second Circuit disagreed.<\/p>\r\n
The court noted that \u201cthe mere fact that Rivera’s sentence was greater than the correct minimum<\/b> sentence will not, without more, suffice to show that the district court would have reached the same conclusion regardless of the error.\u201d However, the court treated the error as prejudicial because \u201cbased on the record before us, we are not convinced that that the error did not influence Rivera’s sentence.\u201d The case was accordingly remanded. United States v. Rivera<\/a>, No. 15-4141 (2d Cir. 2017).<\/p>\r\n","protected":false},"excerpt":{"rendered":" Reinaldo Rivera moved for 18 U.S.C. \u00a7 3582(c)(2) relief based on Amendment 782 to the Guidelines, commonly known as \u201cdrugs minus 2.\u201d The district court granted the motion and reduced his sentence to 420 months from LIFE. But in doing so, the district court believed Rivera\u2019s mandatory minimum was 30 years for his CCE conviction.…<\/p>\n","protected":false},"author":1,"featured_media":1578,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[314],"tags":[],"yoast_head":"\n