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Criminal Law

: Defense Newsletter Blog

Glover: Defendant not eligible for crack Amendment reduction

By Tim Cone

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In U.S. v. Glover, No. 12-10580 (July 11, 2012), the Court held that a defendant was ineligible for a sentence reduction pursuant to Amendment 750 of the Sentencing Guidelines which, effective, November 1, 2011, reduced offense levels for crack cocaine offenses.The Court rejected the government?s argument that the appeal was untimely, pointing out that Glover?s pro se motion for reconsideration of the district court?s denial of his motion for sentence reduction under 18 U.S.C. § 3582(c)(2) tolled the deadline for filing a notice of appeal.Turning to the merits, the Court noted that under the Guideline commentary to U.S.S.G. § 1B1.10, a defendant can only receive a sentence reduction based on a Guideline amendment if the amendment "actually lowers the Guideline range...continue to full post

Full post as published by Defense Newsletter Blog on July 11, 2012 (boomark / email).

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