United States Seventh Circuit

In proceedings involving defendant's motion for a lower sentence for his crack cocaine possession, district court's denial on the ground that defendant's 263-month sentence was not based on the Guidelines and that, as a result, defendant could not bring the motion is affirmed as, in the absence of explicit language in the agreement to the contrary, a sentence imposed pursuant to a Fed. R. Crim. P. 11(c)(1)(C) plea agreement cannot be said to be "based on" the Sentencing Guidelines. An agreement must clearly reflect an intent that the sentence be modified when the Guidelines shift, and here, defendant's plea agreement did not reflect such an intent.

Appellate Information

• Decided 03/17/2010
• Published 03/17/2010

Judges

Court

• United States Seventh Circuit

Counsel