U.S. v. Franklin

Federal 7th Circuit Court
Criminal Court
Sentencing
Citation
Case Number: 
No. 09-2265
Decision Date: 
April 12, 2010
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed
Dist. Ct. did not err in denying defendant's motion under 18 USC section 3582(c) for reduced sentence on drug conspiracy charge where said motion was based on reduced offense levels for crack cocaine crimes under sentencing guidelines. Defendant's 157-month sentence was based on stipulated term in plea agreement rather than on original sentencing guidelines. Ct. of Appeals, though, indicated that result would be different if language in plea agreement contained specific reference to original sentencing guidelines that were retroactively reduced by later amendment to guidelines.