Fernandez v. United States · ¶59
In general, a “court may not modify a term of imprisonment once it has been imposed.” § 3582(c). Section 3582(c) (1)(A) authorizes a limited departure from that rule of finality when “extraordinary and compelling reasons” arise so as to “warrant . . . a reduction” of the sentence imposed. For a reason to “warrant” a change of a sentence, however, it cannot have been a consideration that was part of the initial sentencing determination to begin with. At the very least, changing a sentence already imposed under § 3582(c)(1)(A) requires something to have changed, after sentencing, in a way that alters the sentencing calculus. See, e. g., Setser v. United States, 566 U. S. 231, 242–243 (2012) (explaining that § 3582(c)(1)(A) provides for relief when “ `developments that take place after the first sentencing' produc[e] unfairness to the defendant” (citation omitted)). Otherwise, district…Read in context ›
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