United States Seventh Circuit
US v. Neal, 08-3611
District court's denial of defendant's motion to reduce his sentence of 137 months for his crack cocaine offenses based on Amendment 706 is vacated and remanded as the district judge's reliance on defendant's prison disciplinary record is outside the scope of a presentence report, and by withholding the information until the day on which the time for appeal expired, the district court disabled defendant from requesting a hearing or presenting any evidence of his own that would call into question the judge's understanding of his record or cast his intra-prison conduct in a better light.
Appellate Information
- Argued 09/25/2009
- Decided 07/06/2010
- Published 07/06/2010
Judges
Court
- United States Seventh Circuit