United States Fourth Circuit

District court's denial of defendant's motion for sentence reduction under 18 U.S.C. section 3582(c)(2) is vacated and remanded as, when a defendant is serving a below-guidelines sentence as a result of a Rule 35 motion by the government, if the defendant makes a motion under section 3582(c)(2), his sentence may be further reduced comparably to the previous reductions received.

Appellate Information

• Argued 12/03/2009
• Decided 02/17/2010
• Published 02/17/2010

Judges

• Before MICHAEL, MOTZ, and GREGORY, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:Robert F. Rider, Robert F. Rider, PLC, Roanoke, Virginia, for Appellant. Adam Benjamin Spencer, Office of The United States Attorney, Charlottesville, Virginia, for Appellee. ON BRIEF:Julia C. Dudley, United States Attorney, Roanoke, Virginia; Jean B. Hudson, Assistant United States Attorney, Office of The United States Attorney, Charlottesville, Virginia, for Appellee.