Sentencing guidelines limitation on district court authority to reduce sentence is not result of unlawful delegation of congressional power
United States v. Dryden,
No. 08-3310, ___ F.3d ___ (Apr. 30, 2009)(Kansas).
Defendant’s appeal of district court’s denial of motion to reduce sentence brought under 18 U.S.C. § 3582(c)(2).
HELD: USSG § 1B1.10(a)(2)’s limitation on a district court’s authority to reduce a defendant’s sentence is not an unlawful delegation of congressional power to the Sentencing Commission to constrain the resentencing jurisdiction of the district courts.
Read the opinion here.