United States Fourth Circuit

District court correctly refused to reduce drug offender's sentence below the minimum available to her under the amended guidelines. When a sentence is within the guidelines applicable at the time of the original sentencing, in an 18 U.S.C. section 3582(c) resentencing hearing, a district judge is not authorized to reduce a defendant's sentence below the amended guideline range.

Appellate Information

• Decided 01/05/2009
• Published 01/05/2009

Judges

• Before WILKINSON and DUNCAN, Circuit Judges, and Richard D. BENNETT, United States District Judge for the District of Maryland, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Brian Joseph Kornbrath, Federal Public Defender, Clarksburg, West Virginia, for Appellant.  William C. Brown, United States Department of Justice, Washington, D.C., for Appellee.   ON BRIEF:  Sharon L. Potter, United States Attorney, Wheeling, West Virginia;  Paul T. Camilletti, Assistant United States Attorney, Office of the United States Attorney, Martinsburg, West Virginia, for Appellee.