Sentencing relief not available under 18 U.S.C. § 3582(c)(2) for errors in application of sentencing guidelines
SENTENCING/COLLATERAL REVIEW United States v. Herrera-Garcia, No. 03-2308, ___ F.3d ___ (10th Cir. Sep. 9, 2005)(New Mexico). Appeal of district court’s denial of defendant’s motion to modify sentence under 18 U.S.C. § 3582(c)(2). HELD: Section 3582(c)(2), which allows court to modify defendant’s sentence if guideline under which he was sentenced is lowered by Sentencing Commission after sentencing, does not afford avenue for relief to extent defendant argues sentencing court erred in application of sentencing guidelines. Read the opinion here. |
Comments on "Sentencing relief not available under 18 U.S.C. § 3582(c)(2) for errors in application of sentencing guidelines"