Reconsideration of Sentence-Rule 35
18 USC 3553(A) sets forth the factors to be considered when sentencing a defendant, not resentencing him. The law does not provide for resentencing except in cases where, 1), there is a clear procedural error in the sentencing or, 2), the defendant has given subsequent substantial assistance. FRCP Rule 35.
Anybody who gets a reduction gets it because he cooperated. Ask around and if somebody says it was because the judge went back and re-considered the 3553 factors that person is just lying to cover up his cooperation.
The Two Point Reduction Amendment
United states vs. King, 2013 WL 4008629, N.D.III.2013, found an ex post facto violation and cut out one part of the amendment to 1B1.10 that limited the extent of the reduction to the low end of the guideline range. The judge held that the ex post facto clause [changing laws after defendants have been arrested when different laws existed. In this case the judge said the application of a rule that eliminates or limits the potential for freedom that had previously been available before the amendment is prohibited by the United States Constitution.
So as far as this court is concerned, if a judge wants to reduce your sentence pursuant to 1B1.10 (2-point amendment), it can.
The holding in this case has been rejected elsewhere. See US v. Diggs, 768 F.3d 643 (7th Cir. 2014); US v. Anderson, 2013 WL 5924430 (DKy 2013).
One Judge’s Way of Dealing with the 2-Point Amendment
Judge John Gleeson of the Eastern District of New York recently issued the following order:
“ORDER TO SHOW CAUSE as to [defendant]: The Court has received a list of individuals who might be eligible for a sentence reduction pursuant to 18 U.S.C. § 3582(c). The defendant in the above-captioned case is one of the individuals on the list. The attached Order directs the parties to show cause and appoints the Federal Defenders of New York to represent [defendant] in connection with this application. Oral argument will be held on Thursday, January 8, 2015, at 4:00 p.m., in Courtroom 6C. Ordered by Judge John Gleeson on 11/7/2014.”
New Attorney General from Eastern District of New York
President Barack Obama has nominated New York federal prosecutor Loretta Lynch to be the nation’s next attorney general. He made the announcement at the White House Saturday morning, calling Lynch a fierce fighter for equality under the law.
“Loretta doesn’t look to make headlines; she looks to make a difference. She is not about splash; she is about substance,” Obama said. Lynch has been the U.S. attorney for the Eastern District of New York since 2010, covering Brooklyn, Queens and Staten Island. Born in North Carolina and educated at Harvard, Lynch is currently the United States Attorney for the Eastern District of New York.