SCOTUS To Decide Whether Court May Impose Sentence Below Revised Range in § 3582(c)(2) Resentencings
I. Whether the Federal Sentencing Guidelines are binding when a district court imposes a new sentence pursuant to a revised guideline range under 18 U.S.C. § 3582.
II. Whether during a § 3582(c)(2) sentencing, a district court is required to impose sentence based on an admittedly incorrectly calculated guideline range.
Stated colloquially, the first question is whether § 3582(c)(2) allows full "Booker" resentencings, complete with the ability to depart or vary below the reduced Guidelines range. As you know, the Fifth Circuit has held that the crack amendments bar any reduction below the revised Guidelines range.