U.S. v. Redd

Federal 7th Circuit Court
Criminal Court
Sentencing
Citation
Case Number: 
No. 09-3799
Decision Date: 
January 4, 2011
Federal District: 
N.D. Ind., Ft. Wayne Div.
Holding: 
Affirmed
Dist. Ct. did not err in denying defendant's motion for reconsideration/renewed motion for modification of his sentence under 18 USC section 3582(c)(2), after Dist. Ct. had previously reduced defendant's sentence to 327 months on his crack cocaine conviction based on retroactive change in sentencing guidelines. Defendant's motion, which was filed approximately 300 days after initial reduction, was too late to qualify as motion for reconsideration, since it had been filed beyond applicable 10-day deadline, and section 3582(c)(2) does not give prisoners more than one opportunity to request lower sentence unless Sentencing Commission again changes sentencing guidelines and makes said change retroactive.