U.S. v. Neal

Dist. Ct. erred in sentencing defendant to 137-month term of incarceration on crack-cocaine offenses based, in part, on Dist. Ct. observation that defendant was not entitled to retroactive reduction in his sentence under 18 USC section 3582(c)(2) based upon reduction in Guideline range for crack offenses in view of fact that defendant had been found guilty of certain prison infractions. Defendant is entitled to new section 3582(c)(2) hearing to present evidence to dispute said factual observations about his prison record (as well as determine source of said information) where record did not otherwise contain certified copy of his prison disciplinary record.