Friday, December 18, 2020

US v. Hardiman, No. 16-50422 (12/15/20) (per curiam w/Paez, Owens, & England). This Sixth Amendment appeal from a habeas denial revolves around US v. Pimentel-Lopez, 859 F.3d 1134 (9th Cir. 2016). In Pimentel-Lopez, the 9th held that a court could not make a drug quantity finding over that found by a jury. The petitioner argues Pimentel-Lopez applies to his case post-conviction. The 9th disagrees, characterizing Pimentel-Lopez as a “new rule” under Teague v. Lane, 489 US 288 (1989) and thus not retroactive. The 9th also rejected the 3582(c)(2) argument, under amend. 782 (reducing base offense level). The court determined that a reduction was not warranted; Pimentel-Lopez falls outside of that consideration.

The decision is here:


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