United States v. Torres-Rivera

KAYATTA, Circuit Judge.

Defendant Javier Torres-Rivera (“Torres”) appeals from the district court’s denial of his motion to reduce his sentence pursuant to 18 U.S.C. § 3582(c)(2). It appears from the record that the defendant’s conduct in prison was materially less problematic than the district court may have been led to believe. We therefore vacate the denial of Torres’s motion and remand for reconsideration.

I

A

On October 3, 2012, Torres pled guilty to one count of a six-count indictment charging him with conspiring and agreeing to possess with intent to distribute various controlled…