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Concepcion v. United States
Brief of FAMM, the National Association of Criminal Defense Lawyers, and the National Association of Federal Defenders as Amici Curiae in Support of Petitioner.
Argument: Trial judges must consider a defendant’s post-sentencing conduct and intervening legal developments when exercising their Section 404 authority to “Impose A Reduced Sentence.” Evidence of post-sentencing conduct and intervening changes in law significantly affects district courts’ exercise of Section 404 sentencing discretion—producing fairer and more appropriate sentences. The text and statutory context of the First Step Act compel consideration of post-sentencing conduct and intervening legal developments.