Archive | 1B1.10

Sunday, August 30th, 2009

Out Of Range

United States v. Main, No. 08-4088-cr (2d Cir. August 27, 2009) (Walker, Wallace, CJJ)

Christopher Main pled guilty to a crack cocaine offense pursuant to a Rule 11(c)(1)(C) agreement that stipulated to maximum sentence of 96 months, which was below the 120 to 150-month guideline range, and provided a “carve-out” for Main to seek a downward departure. The district court accepted the plea agreement, granted Main a modest departure and sentenced him to 84 months’ imprisonment.

Three years later, Main moved for a sentence reduction under 18 U.S.C. § 3582(c)(2) and U.S.S.G. § 1B1.10 because the Sentencing Commission had retroactively ameliorated the guideline covering crack offenses. The district court denied the motion, and the circuit affirmed.

Under the statute, a defendant is eligible for a sentence reduction only where the original sentence was “based on a sentencing range” that the Sentencing Commission has subsequently lowered. Here, however, Main’s sentence was …

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Categories: 1B1.10, 3582(c)(2), crack amendment, Uncategorized

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