US v. Cobb, 08-1213
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).
- Decided 10/26/2009
- Published 10/26/2009
McKAY, Circuit Judge., Before HARTZ, HOLLOWAY, and McKAY, Circuit Judges.
United States Tenth Circuit
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.