Retroactivity

Retroactivity

(April 2017) This primer addresses some common procedural questions that have arisen in the context of motions for sentence reductions under 18 U.S.C. § 3582(c)(2) and retroactive guideline amendments. Following the questions are cases that address the issue, including a parenthetical where additional information, such as a quotation of the pertinent language from the case, may be helpful. This primer is not, however, intended as a comprehensive compilation of all case law addressing these issues. The document does not attempt to collect all cases addressing these issues; rather, it focuses on circuit precedent with binding force where available and generally includes only one authority from a given circuit even if the same court has addressed a particular issue more than once. Where relevant, the document also cites the guidelines and the Federal Rules of Criminal Procedure.