US v. Mercado-Moreno, No.
15-10545 (8-28-17)(Tallman, Ikuta, & Oliver). This case concerns a district
court's quantity findings when deciding a reduction of sentence pursuant to a
retroactive Guideline amendment. In this
instance, the 9th found no error in the second district court concluding that
the retroactive amendment did not apply as the first court had determined that
the amount of meth for which the defendant was responsible did not lower his
guidelines. Concerning findings, the 9th
holds "that when deciding a 3582(c)(2) motion, a district court may
supplement the original court's quantity findings only when supplemental
findings are necessary to determine the defendant's eligibility for sentence
reduction in light of the retroactive Guideline." Further, "a
district court has broad discretion in how to adjudicate 3582(c)(2)
proceedings, including whether to hold a hearing when making supplemental
findings of drug quantity." (5)
The decision is here:
http://cdn.ca9.uscourts.gov/datastore/opinions/2017/08/28/15-10545.pdf
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