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Criminal Law

: Tenth Circuit Blog

Rehearing Granted to Review Defendant's § 3582(c)(2) victory

By Shari Allison

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U.S. v. Cobb, 2010 WL 546057 (2/17/10) (Published) - The rare 18 USC § 3582(c)(2) victory is in jeopardy. The 10th has granted the government's rehearing en banc petition challenging the decision at 584 F.3d 979 (2009) that a reduction under § 3582(c)(2) is possible, even with respect to an 11(c)(1)(C) plea, where the agreement as to sentence was based on the guideline range in effect at the time. Notably the majority in the panel consisted of two senior judges---Mckay and Holloway---and Judge Hartz dissented.

Full post as published by Tenth Circuit Blog on February 25, 2010 (boomark / email).

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