United States Fourth Circuit

Reduced sentencing of defendant, 18 U.S.C. section 3582(c)(2), upon a plea conviction for maintaining a place at his residence for the purpose of manufacturing, distributing, and using cocaine base, 21 U.S.C. section 856(a)(1), is reversed where the district court lacked the authority to grant such relief because defendant's sentence was not based on a sentencing range that was subsequently lowered, but rather, on a Rule 11(c)(1)(C) plea agreement.

Appellate Information

• Decided 08/09/2011
• Published 08/09/2011

Judges

• SHEDD

Court

• United States Fourth Circuit

Counsel

• For Appellant:
  
• Shawn Angus Morgan, Brian Joseph Kornbrath