United States First Circuit

Sentence for crack cocaine offense is upheld where the district court was correct in finding that it had no legal authority to impose a variant sentence under U.S.C. section 3582(c)(2) that was below the amended guideline range based on its Kimbrough discretion, as the statute only authorized imposition of an adjusted sentence within the amended guideline range.

Appellate Information

• Decided 03/04/2009
• Published 03/04/2009

Judges

• TORRUELLA, Circuit Judge., Before LYNCH, Chief Judge, TORRUELLA, and BOUDIN, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• J. Hilary Billings, for appellant.


• For Appellees:
  
• Margaret D. McGaughey, Appellate Chief, with whom Paula D. Silsby, United States Attorney, was on brief for appellee.