United States v. Booker does not provide basis for sentence reduction under 18 U.S.C. § 3582(c)
SENTENCING United States v. Price, No. 05-5177, ___ F.3d ___ (10th Cir. Feb. 14, 2006)(N.D. Oklahoma). Appeal of district court’s denial of motion to reduce sentence brought under 18 U.S.C. § 3582(c). HELD: United States v. Booker, 543 U.S. 220 (2005), which severed portions of United States Sentencing Guidelines making them mandatory, did not “indirectly lower” sentencing range under which defendant was sentenced. Therefore, Booker does not provide basis for sentence reduction under 18 U.S.C. § 3582(c) which only authorizes reduction when Sentencing Commission reduces range. Read the opinion here. |
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