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No Variances in 3582(c)(2) Proceedings

By Jonathan Byrne

US v. Dunphy: Dunphy pleaded guilty to possession with intent to distribute in 2003 and was sentenced to 135 months in prison, the bottom of the Guideline range. After the 2007 crack amendments to the Guidelines were made retroactive, she sought a reduction in her sentence under 18 USC 3582(c)(2). The bottom of the new Guideline range was 108 months, but Dunphy argued for a larger reduction, arguing that the district court was not limited to imposing a sentence somewhere within the new Guideline range. The district court disagreed and imposed a sentence of 108 months.On appeal, the Fourth Circuit affirmed the sentence, concluding that the district court's authority was limited to imposing a new sentence within the newly calculated Guideline range...continue to full post

Full post as published by Fourth Circuit Blog on January 08, 2009 (boomark / email).