Second Circuit - General Application Issues

United States v. Zapatero, 961 F.3d 123 (2d Cir. 2020). In ruling on a § 3582(c)(2) motion for a reduced sentence due to a retroactive Guidelines amendment, a court may not “adjust” a sentence under §5G1.3(b).

United States v. Waite, --F.4th--, 2021 WL 3870712 (2d Cir. 2021). The defendant’s 115-year sentence based, in part, on four stacked § 924(c) convictions, did not violate the Eighth Amendment. The First Step Act, which prospectively eliminated § 924(c) stacking, “d[id] not transform what would otherwise be a constitutionally sound sentence into a cruel and unusual one.”

United States v. Waite, --F.4th--, 2021 WL 3870712 (2d Cir. 2021). On rare occasions, an appellate court may remand a legally sound conviction and sentence in the interests of justice. The court declined to do so here, despite defendant’s claim that the court should reconsider his 115-year sentence following the First Step Act’s prospective elimination of § 924(c) stacking.