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UNITED STATES v. HALVON

Docket No. 21-273-cr August Term 2021.

26 F.4th 566 (2022)

UNITED STATES of America, Appellee, v. Gilberto HALVON, also known as Jona, James Corcia, John B Canaria, August Castillo, Kerwin Lacson, Monarch Tabor, Lorena Marquez, also known as Enna, Defendants, Marlon Clenista, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: February 25, 2022.

Attorney(s) appearing for the Case

Mitzi S. Steiner , Assistant United States Attorney ( David Abramowicz , Assistant United States Attorney, on the brief), for Audrey Strauss , United States Attorney for the Southern District of New York, New York, New York, for Appellee.

Elizabeth D. Femia ( Ira M. Feinberg and Charles Barrera Moore , on the brief), Hogan Lovells US LLP, New York, New York, for Defendant-Appellant.

Before: Cabranes, Lynch, and Chin, Circuit Judges.

Pursuant to 18 U.S.C. § 3582(c)(1) as modified by the First Step Act, Pub. L. No. 115-391, 132 Stat. 5194 (Dec. 21, 2018), a district court may reduce a term of imprisonment upon motion by a defendant. Commonly referred to as the "compassionate release" provision, § 3582(c)(1) permits a district court to reduce a term of imprisonment...

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