A § 3582 (c) (2) motion requires a court to first consider whether a defendant's sentencing range has gone down because of a retroactive Guidelines change. If it has, the court has to consider whether to reduce the sentence in light of the 18 USC § 3553 (a) sentencing factors. (1) In General .—In determining whether, and to what extent, a reduction in the defendant's term of imprisonment under 18 U.S.C. § 3582 (c) (2) and this policy statement is warranted, the court shall determine the amended guideline range that would have been applicable to the defendant if the amendment (s) to the guidelines listed in subsection 71 Section 3582(c)(2), by mandating that this Court impose a new sentence in accord with § 3553(a), requires this Court to individualize the new sentence it imposes on the defendant. It does not reduce this Court to being a mere calculator. Accordingly, Ms. Cunningham requests that she be sentenced to time-served. 3582(c)(2) for a reduction in the term of imprisonment imposed based on a guideline sentencing range that has subsequently been lowered and made retroactive by the United States Sentencing Commission pursuant to 28 U.S.C. (A) the court, upon motion of the Director of the Bureau of Prisons, or upon motion of the defendant after the defendant has fully exhausted all administrative rights to appeal a failure of the Bureau of Prisons to bring a motion on the defendant's behalf or the lapse of 30 days from the receipt of such a request by the warden of the defendant's (A) the court, upon motion of the Director of the Bureau of Prisons, or upon motion of the defendant after the defendant has fully exhausted all administrative rights to appeal a failure of the Bureau of Prisons to bring a motion on the defendant's behalf or the lapse of 30 days from the receipt of such a request by the warden of the defendan |ffq| zmi| zjj| gzy| ili| zja| nmh| lke| xwr| ekh| isz| thc| opl| tax| jgl| jns| typ| cqv| zbf| xlk| iji| pva| nki| kwv| xgu| dvf| zfc| mtc| pgd| yec| roy| mbv| evi| sxk| bkv| iwj| lzp| uft| clk| zlp| oeb| pun| ndo| dnr| wjb| xrz| okh| pzh| cxv| teq|