United States Third Circuit

The district court's denial of defendant's request for modification of his 108 month sentence for cocaine base offenses is reversed and remanded, where: 1) defendant was given a sentence based on a sentencing range that has subsequently been lowered; 2) the district court was incorrect to use a past error as a reason to deny a sentence modification; and thus, 3) defendant is eligible for a sentence modification under 18 U.S.C. section 3582(c)(2).

Appellate Information

• Decided 03/12/2014
• Published 03/12/2014

Judges

• SLOVITER

Court

• United States Third Circuit

Counsel