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Timely student note on 11(c)(1)(C) pleas and sentence modifications

By Douglas A. Berman

Next wednesday, the Supreme Court will hear argument in Freeman v. USconcerning whether a defendant sentenced pursuant to 11(c)(1)(C) plea may be able to get a sentence modification based on new retroactive guidelines. And, just in time for the argument, I see that there is this new student note by Joshua Asher on this topic available via SSRN titled "Unbinding the Bound: Reframing the Availability of Sentence Modifications for Offenders Who Entered into 11(c)(1)(C) Plea Agreements." Here is the abstract: On March 3, 2008, the United States Sentencing Commission retroactively amended U.S.S.G. § 2D1.1, reducing the base offense level for most crack cocaine offenses. Accordingly, defendants who had been sentenced under the old guidelines could now seek to have their sentences modified under the amended guidelines...continue to full post

Full post as published by Sentencing Law and Policy on February 17, 2011 (boomark / email).