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Court has jurisdiction to review substantive reasonableness of Section 3582 denial

United States v. Jose Angel Rodriguez, No. 16-3232,  2017 WL 1526279 (3d Cir. Apr. 28, 2017), as amended (May 1, 2017). 
          Rodriguez appealed denial of a motion sentence reduction under 18 U.S.C. § 3582(c)(2).  In response, the government challenged the Court’s jurisdiction to consider whether a 3582(c)(2) motion was substantively unreasonable. The Court concluded that it has jurisdiction under 28 U.S.C. § 1291.
          Although Rodriguez was eligible for a reduced sentence, the district court denied his motion for sentence reduction under § 3582(c)(2), based on his “unyielding and escalating pattern of drug-related and violent behavior.”  Rodriguez appealed, arguing that his unmodified sentence was substantively unreasonable.  The government countered that the Circuit lacked jurisdiction over his claim that of substantive unreasonableness.
          The Court found first that it has jurisdiction over the district court's order under 28 U.S.C. § 1291, which provides …