United States Second Circuit

In a sentencing appeal arising following the amendment to the Sentencing Guidelines applicable to crack cocaine violations, denial of a motion seeking a reduced sentence pursuant to 18 U.S.C. section 3582(c)(2) is affirmed where: 1) the district court correctly interpreted section 3582(c)(2); and 2) defendant was not eligible for a new sentence under the revised Guidelines because the Guidelines provision underlying the final sentence was not a provision affected by the subsequent amendment to the Guidelines.

Appellate Information

• Decided 01/07/2009
• Published 01/07/2009

Judges

• HALL, Circuit Judge:, Before:  HALL, LIVINGSTON, and GIBSON, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Alexander Bunin, Federal Public Defender, Lisa A. Peebles, Assistant Federal Public Defender and James P. Egan (on brief), Albany, NY, for Appellant.


• For Appellees:
  
• Brenda K. Sannes, Lisa M. Fletcher (on brief), Assistant United States Attorneys, for Glenn T. Suddaby, United States Attorney for the Northern District of New York, Syracuse, NY, for Appellee.