· 11/4/2019
STATE OF MISSOURI, Plaintiff-Respondent v. DAVID HOWARD ABEL
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that, although § 1B1.13 is not binding as applied to a compassionate release motion brought by a prisoner, it may inform a district court’s discretion
- § 1B1.13 is not an applicable policy statement for § 3582(c)(1)(A) motions filed by a defendant
- district court abuses its discretion if it relies on clearly erroneous material facts to deny compassionate release
- although § 1B1.13 is not binding, it may “may inform a district court’s discretion for § 3582(c)(1)(A) motions filed by a defendant”
- “The Sentencing Commission’s statements in U.S.S.G. § 1B1.13 may inform a district court’s discretion for § 3582(c)(1)(A) motions filed by a defendant, but they are not binding.”
- “The Sentencing Commission’s statements in U.S.S.G. § 1B1.13 may inform a district court’s discretion for § 3582(c)(1)(A) motions filed by a defendant, but they are not binding.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Judge Jeffrey W. Bates
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.