United States Eighth Circuit

Sentence for drug crimes is vacated and remanded where: 1) a criminal defendant should have access to the material on which the court will base its sentencing decision and an opportunity to respond to information that is prejudicial to the defendant-s cause when the court is evaluating a motion under 18 U.S.C. sec. 3582(c)(2); and 2) the procedure employed by the court with respect to the motion for reduction was an abuse of discretion as the defendant was not provided with a copy of the probation office's memorandum regarding defendant's motion for reduction of sentence and was unable to answer the negative information in the memo.

Appellate Information

• Decided 08/14/2009
• Published 08/14/2009

Judges

• COLLOTON, Circuit Judge., Before LOKEN, Chief Judge, COLLOTON, Circuit Judge, and ROSENBAUM, District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• David Earl Woods, argued, O'Fallon, MO, for appellant.


• For Appellees:
  
• Reginald L. Harris, AUSA, argued, St. Louis, MO, for appellee.