USAv.Abel Rizo
Abel Rizo received a 39-year federal sentence that included a 20-year consecutive firearm term under the stacking rule in effect when he was sentenced. A later law removed that requirement for many future cases, and a district court reduced his term to five years on that count through compassionate release. The Eleventh Circuit reversed. Under controlling Supreme Court precedent, the nonretroactive change and the resulting disparity did not, by themselves, qualify as an extraordinary and compelling reason for that reduction, despite a Sentencing Commission policy statement allowing consideration of some changes in law. The district court must reinstate Rizo’s original sentence. The court left separate Sentencing Guidelines amendment arguments untouched because the district court had not relied on them and they were not at issue on appeal.
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