United States Sixth Circuit

In a prosecution of defendant for conspiracy to posses, with intent to distribute, five kilograms or more of powder cocaine and fifty grams or more of crack cocaine, defendant's challenge to the district court's imposition of a below-Guidelines-range sentence of 262 months of imprisonment and ten years of supervised release is dismissed as the court lacks jurisdiction to hear defendant's appeal of the grant or denial of a sentence reduction pursuant to those sections on Booker "reasonableness" grounds, as the Supreme Court has recently clarified that Booker does not apply to district court's decision to reduce (or decline to reduce) a final sentence under 18 U.S.C. section 3582(c)(2) and/or Federal Rule of Criminal Procedure 35(b).

Appellate Information

• Argued 01/15/2010
• Decided 08/12/2010
• Published 08/12/2010

Judges

• BOGGS

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Jack E. Seaman, Blanche B. Cook