In an appeal from a district court’s denial of defendant’s motion to reduce his crack cocaine sentence under Amendment 706 to the Sentencing Guidelines, the denial of the motion is reversed where: 1) defendant’s sentence was based on the Sentencing Guidelines because the parties based their plea agreement on the properly computed guideline range, and the stipulated sentence fell within this range; and 2) contrary to the ruling below, the court had authority to reduce defendant’s sentence under 18 U.S.C. section 3582(c)(2).
Read US v. Cobb, No. 08-1213
Appellate Information
Filed October 26, 2009
Judges
Opinion by Judge McKay
Counsel
For Appellant:
Howard A. Pincus, Assistant Federal Public Defender, Denver, CO
For Appellee:
John M. Hutchins, Robert Mydans, Assistant United States Attorney, Denver, CO
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