United States Sixth Circuit

In defendant's motion to modify or reduce his sentence below the bottom of the sentencing guidelines range of 73 months' imprisonment, pursuant to 18 U.S.C. section 3582(c)(2), following his conviction for being a felon in possession of a firearm, district court's denial of the motion is affirmed where: 1) the district court applied the correct legal standard when it concluded that it had the discretion to entertain defendant's motion on the merits; and 2) under the circumstances, the district court did not abuse its discretion in denying the defendant's motion for further modification of his sentence.

Appellate Information

• Decided 05/19/2010
• Published 05/19/2010

Judges

Court

• United States Sixth Circuit

Counsel