US v. Cobb, No. 08-1213

In an appeal from a district court's denial of defendant's motion to reduce his crack cocaine sentence under Amendment 706 to the Sentencing Guidelines, the denial of the motion is reversed where: 1) defendant's sentence was based on the Sentencing Guidelines because the parties based their plea agreement on the properly computed guideline range, and the stipulated sentence fell within this range; and 2) contrary to the ruling below, the court had authority to reduce defendant's sentence under 18 U.S.C. section 3582(c)(2).

Read US v. Cobb, No. 08-1213

Appellate Information

Filed October 26, 2009

Judges

Opinion by Judge McKay

Counsel

For Appellant:

Howard A. Pincus, Assistant Federal Public Defender, Denver, CO

For Appellee:

John M. Hutchins, Robert Mydans, Assistant United States Attorney, Denver, CO