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3582(c)(2) Reduction Denial Vacated for Failure to Consider 3553(a) Factors

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United States v. Larry, No. 08-30368 (5th Cir. Feb. 8, 2011) (DeMoss, Prado; King, dissenting) Larry picked up a 280-month sentence for a crack offense. In response to a Rule 35 motion from the Government, his sentence was later reduced to 154 months. A second Rule 35 motion got him down to 138 months. Then came the Sentencing Commission's decision in 2008 to make the reductions to the crack

Full post as published by Fifth Circuit Blog on February 10, 2011 (boomark / email).

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Williams: 3582(c)(2) judgment reversed for failure to consider 3553(a) factors

Booker Does Not Apply to the Size of a Sentence Reduction that May be Granted Under 18 U.S.C. § 3582(c)(2)

Court affirms denial of sentence reduction for eligible crack defendant

District Court Can Consider Prior Guideline Reductions at 3582(c)(2) Resentencing

Jones: No Crack Reduction for 1994 12kilos offender

No Crack Amendment Relief for Career Offender

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