Second Circuit — Sentencing Guidelines : United States v. Johnson

U.S. Court of Appeals for the Second Circuit 

Sentencing Guidelines 

Downward Variance

United States v. Johnson
12-921-cr
Judges Straub, Hall and Droney

Background: The defendant appealed from an order granting a within-guidelines sentence reduction, but declined to grant a downward variance from the applicable reduced sentencing range in accordance with section 1B1.10 of the Sentencing Guidelines.

Ruling: The Second Circuit affirmed. The Second Circuit held that the district court did not have discretion to apply the variance to which the defendant asserts he was entitled. Further, in amending retroactive sentence reductions pursuant to Amendment 750, while prohibiting further reductions based on certain earlier-applicable variances or departures, the Sentencing Commission did not abuse its authority.

Andrew L. Fish, U.S. attorney, for the appellee; Avrom Robin of London & Robin for the defendant-appellant