United States First Circuit

District court's denial of defendant's motion for a sentence reduction is affirmed as, in the absence of explicit countervailing language in the plea agreement, 18 U.S.C. section 3582(c)(2) does not apply and, as such, the defendant, who was sentenced pursuant to a binding C-type plea agreement for conspiring to distribute crack cocaine is not eligible for sentence reduction.

Appellate Information

• Decided 06/09/2010
• Published 06/09/2010

Judges

• SELYA, Circuit Judge., Before TORRUELLA, SELYA and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Jean C. LaRocque, by appointment of the court, for appellant.


• For Appellees:
  
• Vijay Shanker, Attorney, Appellate Section, Criminal Division, United States Department of Justice, with whom Rosa Emilia Rodríguez-Vélez, United States Attorney, Nelson Pérez-Sosa, Assistant United States Attorney (Appellate Chief), and Julia M. Meconiates, Assistant United States Attorney, were on brief, for appellee.