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Media Alerts - United States v. Maiello-11th Circuit
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September 21, 2015
  United States v. Maiello-11th Circuit
Headline: Eleventh Circuit holds the district court properly applied the one-year delay to a motion for sentence reduction made pursuant to the sentencing guidelines amendment that reduced the base offense levels for most drugs infractions.

Area of Law: Sentencing

Issue: Whether the district court erred in applying the one-year delay to a motion for sentence reduction pursuant to the guidelines amendment, which reduced base offenses for most drugs infractions.

Brief Summary: Appellant, Michael Paul Maiello Jr. ("Maiello"), a prisoner sentenced before November 1, 2014, challenged the district court's application of the one-year delay to his motion for a sentence reduction. The Eleventh Circuit affirmed.

Extended Summary: After amending the sentencing guidelines to reduce the base offense levels for most drug offenses (Amendment 782), the U.S. Sentencing Commission passed Amendment 788, making Amendment 782 retroactive, but with a one-year delayed effective date as set out by USSG ยง 1B1.10(e).

On February 3, 2015, Maiello moved for a reduction of his sentence pursuant to Amendment 782. Maiello requested the reduction be granted without application of the one-year delay. The district court granted Maiello's sentence reduction, but declined to suspend the application of section 1B1.10(e), and set a release date of November 2, 2015. Absent the delay, Maiello would have been eligible for immediate release. In affirming, the Eleventh Circuit found: (1) the Sentencing Commission acted within its authority in passing section 1B1.10(e); (2) the Sentencing Commission's selection of November 1, 2015 as the earliest possible Amendment 782 release date was neither arbitrary nor capricious; and (3) section 1B1.10(e) does not violate the constitutional principle of separation of powers.

To view the full opinion: http://media.ca11.uscourts.gov...b/files/201510532.pdf

Panel: Martin, Rosenbaum, Circuit Judges and Proctor (United States District Judge for the Northern District of Alabama, sitting by designation)

Argument: May 14, 2015

Date of Issued Opinion: August 19, 2015

Docket Number: 15-10532

Decided: Affirmed

Case Alert Author: Evan Phoenix, Lizbell Lucero, Daniel Villavisanis, and Evelin Mac Clay

Counsel: Conrad Kahn, et al. for Appellant.
Arthur Lee Bentley, III, et al. for Appellee

Author of Opinion: Proctor, District Judge

    Posted By: Gary Kravitz @ 09/21/2015 11:18 AM     11th Circuit  

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