Friday, April 26, 2019

US v. Rodriguez, No. 17-10233 (4-24-19)(Berzon w/Friedland; dissent by Cardone). The 9th addresses “whether uncontested drug quantities in a court-adopted [PSR] constitutes specific drug quantity findings that bind district courts in subsequent … sentence reduction proceedings.” (4). The 9th holds that, “without an explicit and specific drug quantity finding by the original sentencing judge, drug quantities in an adopted PSR are not binding in 3582(c)(2) proceedings.” (4).

Dissenting, Cardone argues that the district court had made a sufficiently specific finding as to drug quantity.  As such, the defendant would be ineligible for a sentencing reduction.
The decision is here:


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