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Criminal Law

: Tenth Circuit Blog

Defendant Sentenced Pursuant to FRCrP 11(e)(1)(C) Agreement Not Entitled to Resentencing

By Shari Allison

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US v. Gage, No. 08-7075 (Feb. 18, 2009) (unpublished): A defendant who was sentenced pursuant to an 11(e)(1)(C) plea agreement to an agreed-upon sentence was not sentenced "based on a sentencing range that has been subsequently lowered by the Sentencing Commission," 18 USC 3582(c)(2), and therefore the district court should have dismissed the defendant's motion without considering it on the merits.

Full post as published by Tenth Circuit Blog on February 20, 2009 (boomark / email).

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