United States Seventh Circuit

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US v. Marion, 09-2525

District court's decision denying defendant's motion to reduce his sentence under 18 U.S.C. section 3582(c)(2) is remanded as the court's written analysis on the order form with a single sentence of explanation is a bit too terse to allow meaningful review of its decision, and here, the problem arises from the fact that it is impossible to ensure that the district court did not abuse its discretion if the order shows only that the district court exercised its discretion rather than showing how its exercised that discretion.

Appellate Information

  • Argued 11/06/2009
  • Decided 12/29/2009
  • Published 12/29/2009

Judges

  • KANNE, Circuit Judge., Before POSNER, KANNE, and ROVNER, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellees:
  • Joshua J. Minkler, Matthias D. Onderak (argued), Office of the United States Attorney, Indianapolis, IN, for Plaintiff-Appellee., James C. McKinley (argued), Indiana Federal Community Defenders, Inc., Indianapolis, IN, for Defendant-Appellant.
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