United States Seventh Circuit
US v. Neff, 08-3643
In a prosecution of defendant for possession of a firearm by a felon and given an enhanced sentence as an armed career criminal, district court's denial of defendant's motion for sentence modification is affirmed where: 1) the time limits in Rule 4(b) are claim-processing rules that can be waived or forfeited; and 2) Amendment 709 substantively changed the sentencing guidelines and it was not made retroactive, and as such, defendant is ineligible for reduction of his sentence.
Appellate Information
- Decided 03/11/2010
- Published 03/11/2010
Judges
Court
- United States Seventh Circuit