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US v. Redd, 09-3799

By FindLaw Staff on January 04, 2011 11:44 AM
Denial of motion for reconsideration for lower sentence in crack cocaine conviction

US v. Redd, 09-3799, concerned a challenge to the district court's denial of defendant's motion for reconsideration, or in the alternative, a renewed motion for modification of sentence, filed ten months after the district court's grant of defendant's first request for a lower sentence, for his 2005 conviction for crack cocaine related offenses.  The court affirming in concluding that, neither the text of section 3582(c)(2) nor the language of Amendment 712 suggests that prisoners are entitled to more than one opportunity to request a lower sentence, for any given change in the Guideline range.

As the court wrote: "Redd let the time for reconsideration or appeal of the district judge's resentencing expire without action.  He could not use a new section 3582(c)(2) motion to obtain a fresh decision - or to take what amounts to a belated appeal of the original decision."

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