United States Ninth Circuit

In a case in which a defendant entered into a plea agreement and was sentenced to 17 years in prison, the district court's grant of a motion to reduce the sentence under 18 USC section 3582(c)(2) is reversed and the reduced sentence is vacated, where the district court lacked jurisdiction to modify the sentence under section 3582(c)(2) because it was based on a binding Federal Rule of Criminal Procedure 11(c)(1)(C) agreement and was not based on a Sentencing Guidelines range.

Appellate Information

• Decided 04/18/2012
• Published 04/18/2012

Judges

• Bea

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Benjamin B. Wagner, David M. Porter