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Tuesday, March 10, 2009

Sentence reduction based on retroactive amendment of sentencing guidelines is not appropriate if downward variance was given at original sentencing

SENTENCING
United States v. Brown,
No. 08-8043, ___ F.3d ___ (10th Cir. Feb. 27, 2009)(Wyoming).

Appeal of district court’s denial of defendant’s motion to reduce sentence under 18 U.S.C. § 3582(c)(2) because of retroactive modification to United States Sentencing Guidelines that lowered sentences for crack cocaine offenses.

HELD: District court did not abuse discretion by denying defendant’s motion brought under 18 U.S.C. § 3582(c)(2). In this instance, on defendant’s motion at original sentencing, district court varied downward from guidelines range to reduce sentence in order to account for cocaine/crack cocaine sentencing disparity. Thus, defendant essentially received same sentence reduction at his original sentencing as he would have been afforded under later-amended but retroactive guidelines. Generally, sentence reduction is not appropriate if defendant has already received downward variance at original sentencing.

Read the opinion here.

posted by Russ at 9:08 AM


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