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Sentencing – Guideline amendments – retroactivity
By: WISCONSIN LAW JOURNAL STAFF//December 30, 2014//
Sentencing – Guideline amendments – retroactivity
By: WISCONSIN LAW JOURNAL STAFF//December 30, 2014//
Listen to this articleU.S. Court of Appeals For the Seventh Circuit
Criminal
Sentencing – Guideline amendments – retroactivity
Although a defendant may seek retroactive application of an amendment to the sentencing guidelines by motion, he may not seek its application on direct appeal.
“After Hayden filed this appeal, Amendment 782 took effect. The revision is retroactive, see U.S.S.G. § 1B1.10(d), (e)(1) (2014), making him potentially eligible for a future sentencing reduction. See 18 U.S.C. § 3582(c)(2).1 Our handling of Hayden’s direct appeal is not changed, however, by Amendment 782 having taken effect. See 18 U.S.C. § 3742(g)(1); Deloney, 578 F.3d at 693–94. Hayden may ask the district court for a sentence reduction based on Amendment 782, see 18 U.S.C. § 3582(c)(2), but he has not yet done so and we do not consider that argument here.” Affirmed.
14-1812 U.S. v. Hayden
Appeal from the United States District Court for the Southern District of Illinois, Reagan, J., Per curiam.
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