United States v. Hernandez-Martinez

933 F.3d 1126
Court of Appeals for the Ninth Circuit·Decided August 13, 2019·No. No. 15-30309; No. 15-30310; No. 15-30315; No. 15-30347; No. 15-30351; No. 15-30352; No. 15-30353; No. 16-30000; No. 16-30170; No. 16-30199; No. 16-30294; No. 17-30013; No. 15-30354; No. 15-30377; No. 15-30385; No. 16-30004; No. 15-30383; No. 15-30391; No. 16-30040; No. 16-30041; No. 16-30090; No. 16-30089; No. 16-30162·Published·Cited by 7 cases

Opinion

BERZON, Circuit Judge:

These consolidated appeals were brought by defendants seeking to reduce their sentences for drug-related crimes. They invoke 18 U.S.C. § 3582(c)(2), which allows a court to reduce in certain circumstances a previously imposed sentence, and contend that the Supreme Court's recent interpretation of § 3582(c)(2) in Hughes v. United States , --- U.S. ----, 138 S. Ct. 1765, 201 L.Ed.2d 72 (2018), requires that their motions for resentencing be granted, Ninth Circuit precedent to the contrary notwithstanding. See United States v. Padilla-Diaz , 862 F.3d 856 (9th Cir. 2017).

*1130We conclude that Padilla-Diaz and Hughes are fully compatible. As Padilla-Diaz remains binding precedent, we affirm the district courts' denials of defendants' motions to receive sentence reductions pursuant to 18 U.S.C. § 3582(c)(2).

I

A

We begin with a brief overview of the statutory framework governing sentence reduction proceedings. Ordinarily, a federal court "may not modify a term of imprisonment once it has been imposed." See 18 U.S.C. § 3582(c). Congress has provided narrow exceptions to this proscription, including one based on changes to the United States Sentencing Guidelines ("Guidelines"): "A court may modify a defendant's term of imprisonment if the defendant was 'sentenced ... based on a sentencing range that has subsequently been lowered' pursuant to a retroactive amendment to the U.S. Sentencing Guidelines." United States v. Rodriguez , 921 F.3d 1149, 1153 (9th Cir. 2019) (quoting 18 U.S.C. § 3582(c) ).

Where the "based on" requirement is met, § 3582(c)(2) establishes a two-step inquiry for sentence reduction proceedings.1 At the first step, the district court decides eligibility for sentence reduction by determining whether "a reduction is consistent with applicable policy statements issued by the Sentencing Commission." Id. ; see also Dillon v. United States , 560 U.S. 817, 826, 130 S.Ct. 2683, 177 L.Ed.2d 271 (2010). The policy statement applicable to § 3582(c)(2), United States Sentencing Guidelines Manual ("U.S.S.G.") § 1B1.10, authorizes a sentence reduction if, but only if, the retroactive amendment has the "effect of lowering the defendant's applicable [G]uideline[s] range." U.S.S.G. § 1B1.10(a)(2)(B). Applying this policy statement, a district court determines whether the Guidelines range is lowered by calculating the "amended [G]uideline[s] range that would have been applicable to the defendant if the [relevant amendment] to the [G]uidelines ... had been in effect at the time the defendant was sentenced." Id. at § 1B1.10(b)(1).

But that determination may not be the end of a district court's inquiry into eligibility for sentence reduction. Another provision of the policy statement-the one of principal relevance here-generally prohibits sentence reduction if the original term of imprisonment is below the lower end of the amended Guidelines range. See id. § 1B1.10(b)(2)(A).2 The only exception to this limitation is where the defendant's original term of imprisonment was below the Guidelines range because of a reduction *1131for substantial assistance to authorities and a § 3582(c)(2) sentence reduction would be comparably below the amended Guidelines range. See id. at § 1B1.10(b)(2)(B).

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United States v. Hernandez-Martinez, 933 F.3d 1126 (9th Cir. 2019).

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