- Court: 9th Circuit Court of Appeals Archives
- Area(s) of Law: Sentencing
- Date Filed: 09-14-2022
- Case #: 20-50333
- Judge(s)/Court Below: Navarro, J. for the Court; Rawlinson, J.; Christen, J.
- Full Text Opinion
Following a conviction of six counts of drug related charges and two counts of possession of a firearm that violate § 924(c), Petitioner was sentenced to 408 months which included a twenty-five-stack sentence for second § 924(c) offense. Petitioner filed a motion for compassionate release under § 3582 arguing enactment of the First Step Act constituted an extraordinary and compelling reason to reduce sentence. The Court held the district court may consider non-retroactive changes in sentencing law when analyzing extraordinary and compelling reasons under § 3582. The Court reasoned the district court erred by not considering § 403 non-retroactive changes to Petitioner’s motion because there was no textual basis that precludes the district court from considering § 403 as an extraordinary and compelling reason and the two Congressional limitations to extraordinary and compelling reasons do not apply in this case, leaving the district court with discretion. VACATED AND REMANDED.