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· 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

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Sourced 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.