Public Defense

Every other circuit to consider the question has concluded that a district court?s denial of a crack retroactivity motion under 18 U.S.C. § 3582(c)(2) is reviewed for abuse of discretion. With this decision, the Second Circuit joins the train.

Applying that standard here, the court affirmed. The district court reviewed the relevant records, considered the § 3553(a) factors and cited an appropriate reason - the danger that Borden posed to the community. In light of Borden?s lengthy criminal history, the district court was free to reject the Probation Department?s conclusion that Borden no longer ?pose[d] a threat to society.?

Full post as published by Second Circuit Blog on May 03, 2009 (boomark / email).