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United States v. Jarvis, 999 F.3d 442 (6th Cir. 2021)
Jarvis panel announces that despiteprevious contrary ruling in Owens, district courts cannot consider non-retroactive changes in the law, “whether by themselves or together with other factors, as “extraordinary and compelling” explanations for a sentencing reduction,” citing Tomes. The opinion tries to dance around Owens, noting that “district courts may consider the non-retroactive First Step Act amendments in applying the § 3553(a) factors once an inmate has met the threshold requirements for relief under the compassionate release statute.” Judge Clay issues a vigorous dissent. Doug Berman has more here.