District court’s decision denying defendant’s motion to reduce his sentence under 18 U.S.C. section 3582(c)(2) is remanded as the court’s written analysis on the order form with a single sentence of explanation is a bit too terse to allow meaningful review of its decision, and here, the problem arises from the fact that it is impossible to ensure that the district court did not abuse its discretion if the order shows only that the district court exercised its discretion rather than showing how its exercised that discretion. 

Read US v. Marion, No. 09-2525

Appellate Information

Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division

Decided December 29, 2009

Judges

Before:  Rovner, Posner and Kanne, Circuit Judges

Opinion by Kanne, Circuit Judge

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