United States Second Circuit

In defendant's appeal from the district court's denial of defendant's motion for a reduction in sentence pursuant to 18 U.S.C. section 3582(c)(2), the order is affirmed where: 1) neither the district court nor the court of appeals was free to address, in a proceeding pursuant to 18 U.S.C. section 3582(c)(2), defendant's arguments regarding procedural errors at his original, now-final sentencing; and 2) at least for purposes of a motion for a reduced sentence, the record disclosed that defendant was sentenced as a career offender under U.S.S.G. section 4B1.1.

Appellate Information

• Decided 07/19/2010
• Published 07/19/2010

Judges

• Array

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Laurie S. Hershey, Sandra S. Glover