Rutherford v. United States · ¶91

For centuries, courts have enjoyed “broad discretion to consider all relevant information at an initial sentencing hearing, consistent with their responsibility to sentence the whole person before them.” Concepcion v. United States, 597 U. S. 481, 491 (2022). “That discretion also carries forward to later proceedings that may modify an original sentence.” Ibid. At these proceedings, district courts can modify initial sentences for a variety of reasons, including following a reversal on appeal or a retroactive change in law. They may also consider whatever evidence they find germane, including “intervening changes of law (such as changes to the Sentencing Guidelines)” when deciding whether to reduce a sentence. Id., at 486. Indeed, courts may even consider nonretroactive changes to the Sentencing Guidelines. Id., at 499–500.

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