United States Fourth Circuit

A defendant may rely on a clarifying or hybrid amendment to support a motion for reduction of sentence under 18 U.S.C. section 3582(c)(2), so long as the amendment has been designated for retroactive application and would result in application of a sentencing range lower than the range applied at the original sentencing proceeding. Amendment 599, modifying Note 2 to U.S.S.G. section 2K2.4, meets these criteria.

Appellate Information

• Decided 01/28/2004
• Published 01/28/2004

Judges

• Before WILKINS, Chief Judge, and WILKINSON and LUTTIG, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:Justin Sanjeeve Antonipillai, Arnold & Porter, Washington, D.C., for Appellant.  Eric Matthew Hurt, Assistant United States Attorney, Abingdon, Virginia, for Appellee.   ON BRIEF:  John L. Brownlee, United States Attorney, Abingdon, Virginia, for Appellee.