United States Seventh Circuit

In a consolidated appeal of a denial of three defendants' motions to modify their sentences pursuant to 18 U.S.C. section 3582(c)(2), denial of the motions is affirmed where: 1) defendants did not give up their right to appeal the denial of the motions as section 3582(c)(2) motions do not fall within the appeal waiver's scope; and 2) the district court did not err in finding the defendants ineligible for a reduction where the court did not make findings inconsistent with those of the original sentencing court and it did not abuse its discretion in light of the large quantity of drugs involved and in finding that the defendants were responsible for more than 4.5 kg of crack each.

Appellate Information

• Argued 12/04/2008
• Decided 09/09/2009
• Published 09/09/2009

Judges

• WILLIAMS, Circuit Judge., Before BAUER, POSNER, and WILLIAMS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Steven Bennett, Atlanta, GA, pro se.


• For Appellees:
  
• William T. Grimmer, Attorney (argued), Office of the United States Attorney, South Bend, IN, for Plaintiff-Appellee., H. Jay Stevens, Attorney (argued), Indiana Federal Community Defenders, Inc., South Bend, IN, for Defendants-Appellants.