United States Second Circuit

Defendant's crack cocaine and firearm possession sentence is affirmed where defendant was sentenced pursuant to a Fed. R. Crim. P. 11(c)(1)(C) plea agreement and was thus ineligible for a reduction of sentence under 18 U.S.C. section 3582(c)(2).

Appellate Information

• Argued 10/20/2009
• Decided 02/17/2010
• Published 02/17/2010

Judges

• KEARSE, Circuit Judge:, Before KEARSE, WINTER, and POOLER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Stephan J. Baczynski, Assistant United States Attorney, Buffalo, N.Y. (Terrance P. Flynn, United States Attorney for the Western District of New York, Kathleen M. Mehltretter, Assistant United States Attorney, Buffalo, NY, on the brief), for Appellee., Marybeth Covert, Buffalo, N.Y. (Federal Public Defender's Office, Western District of New York, Buffalo, NY, on the brief), for Defendant-Appellant.