United States Second Circuit

In a drug prosecution, a denial of defendant's motion for a reduction of sentence is affirmed where the district court lacked authority to reduce defendant's sentence under 18 U.S.C. section 3582(c), because the sentence was dictated by his plea agreement pursuant to Fed. R. Crim. P. 11(c)(1)(C), and not the Sentencing Guidelines related to crack cocaine.

Appellate Information

• Argued 05/11/2009
• Decided 08/27/2009
• Published 08/27/2009

Judges

• JOHN M. WALKER, JR., Circuit Judge:, Before: JOHN M. WALKER, JR. and WALLACE, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Paul Van De Graaf, Acting United States Attorney (William B. Darrow & Gregory L. Waples, Assistant United States Attorneys, on the brief), District of Vermont, Burlington, VT, for Appellee., Elizabeth D. Mann, Assistant Federal Public Defender, for Michael L. DeSautels, Federal Public Defender, Burlington, VT, for Defendant-Appellant.