United States v. Tyrone Davis

From its very first sentence, the majority unjustifiably departs from not only our own, but also well-established Supreme Court precedent. We correctly and squarely resolved the questions presented by this' case in United States v. Austin, 676 F.3d 924 (9th Cir. 2012) until it was overruled by today’s majority. In Austin, we considered whether a judge had jurisdiction to modify a prisoner’s sentence under 18 U.S.C. § 3582(c)(2) (permitting modification of a term of imprisonment where that term was “based on” a sentencing range which was later reduced) if the prisoner was sentenced pursuant to…