Legal Opinion

United States v. Edmund Davis, Jr.

Court of Appeals for the Ninth Circuit

Decided January 14, 2014No. 12-50522PublishedCited by 19 opinions

1Opinion of the Court

OPINION

CANBY, Circuit Judge:

Defendant Edmund Clinton Davis, Jr., appeals the district court’s denial of his motion to reduce his sentence pursuant to 18 U.S.C. § 3582(c)(2). The district court held that the Sentencing Commission’s Policy Statement § lB1.10(b) precluded a sentence reduction because Davis had already received a sentence below the minimum of the amended guidelines range. Davis argues that § lB1.10(b) exceeds the Commission’s statutory authority and violates the separation of powers doctrine. Our review is de novo, see United States v. Kuchinski, 469 F.3d 853, 857 (9th Cir.…

2Cases cited12 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. Mistretta v. United StatesSupreme Court of the United States · 1989
  3. Dillon v. United StatesSupreme Court of the United States · 2010
  4. United States v. John Charles KuchinskiCourt of Appeals for the Ninth Circuit · 2006
  5. United States v. Christina Elizabeth ColonCourt of Appeals for the Eleventh Circuit · 2013

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3Cited by19 opinions

  1. United States v. Padilla-DiazCourt of Appeals for the Ninth Circuit · 2017
  2. United States v. Mark KieferCourt of Appeals for the Ninth Circuit · 2014
  3. United States v. Carl TaylorCourt of Appeals for the D.C. Circuit · 2014
  4. United States v. Gilbert BritoCourt of Appeals for the Ninth Circuit · 2017
  5. United States v. GutierrezCourt of Appeals for the Tenth Circuit · 2017

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