United States Eleventh Circuit

In a drug possession prosecution, a denial of defendant's motion to reduce his sentence is reversed where, when a district court intends to rely on new information in deciding a motion for the modification of a sentence pursuant to 18 U.S.C. section 3582(c)(2), each party is entitled to notice of the information and an opportunity to respond.

Appellate Information

• Decided 02/02/2010
• Published 02/02/2010

Judges

• BLACK, Circuit Judge:, Before DUBINA, Chief Judge, BIRCH and BLACK, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel