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: Fifth Circuit Blog

No Categorical Rule for Deciding Whether (c)(1)(C) Sentence Was "Based On" Retroactively Reduced Guidelines Range for § 3582(c)(2) Purposes

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United States v. Williams, No. 09-30778 (5th Cir. June 15, 2010) (per curiam) (Jolly, Smith, Owen)If that post title sounds familiar to you, it's because the Fifth Circuit addressed the same issue several weeks ago in United States v. Garcia. So why another published opinion so soon? Perhaps because Williams presents a slightly different factual scenario.Recall that in Garcia, the defendant

Full post as published by Fifth Circuit Blog on June 15, 2010 (boomark / email).

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Webb: No 3582 crack reduction where no change in original sentencing range

Tenth Creates Circuit Split with Ninth over Applicability of Booker at 3582(c)(2) Resentencings

Court Can Resentence Defendant Who Had 11(c)(1)(C) Agreement Based on Amended Guidelines

Guidelines Mandatory in Sec. 3582(c)(2) Context

Applicable 3582 "Sentencing Range" Is Pre-Departure

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