U.S. v. Dixon

Federal 7th Circuit Court
Criminal Court
Sentencing
Citation
Case Number: 
No. 11-3802
Decision Date: 
July 18, 2012
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed
Dist. Ct. did not err in denying defendant’s motion to reduce sentence on charge of conspiracy to distribute crack cocaine based on retroactive change to crack cocaine sentencing guidelines where defendant had previously been sentenced pursuant to terms of plea agreement. Terms of plea agreement provided for sentence between specific range of years, and Supreme Court, in Freeman, 131 SCt 2685, found that Dist. Ct. does not have authority to grant relief under section 18 USC section 3582(c)(2) where, as here, original sentence was imposed pursuant to binding plea agreement that did not expressly refer to or rely upon specific guideline sentencing range.