United States Tenth Circuit

In an appeal from a district court's denial of defendant's motion to reduce his crack cocaine sentence under Amendment 706 to the Sentencing Guidelines, the denial of the motion is reversed where: 1) defendant's sentence was based on the Sentencing Guidelines because the parties based their plea agreement on the properly computed guideline range, and the stipulated sentence fell within this range; and 2) contrary to the ruling below, the court had authority to reduce defendant's sentence under 18 U.S.C. section 3582(c)(2).

Appellate Information

• Decided 10/26/2009
• Published 10/26/2009

Judges

• McKAY, Circuit Judge., Before HARTZ, HOLLOWAY, and McKAY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Howard A. Pincus, Assistant Federal Public Defender (Raymond P. Moore, Federal Public Defender, with him on the briefs), Denver, CO, for Defendant-Appellant., John M. Hutchins, Assistant United States Attorney (David M. Gaouette, Acting United States Attorney, and Robert Mydans, Assistant United States Attorney, with him on the briefs), Denver, CO, for Plaintiff-Appellee.