United States v. Browne, No. 12-1257 (8th Cir. 2012)
Annotate this CaseDefendant appealed the district court's denial of his motion to reduce his sentence pursuant to 18 U.S.C. 3582(c)(2). Because the written plea agreement in this case did not expressly state a Sentencing Guidelines range as the basis for the parties' agreed upon sentence, it could not be said that the sentence imposed was based on a sentencing range that was subsequently lowered by the Sentencing Commission. Therefore, the court affirmed the district court's denial of defendant's motion.
Court Description: Criminal case - Sentencing. District court did not err in denying Browne's 18 U.S.C. Sec. 3582(c)(2) motion to reduce his sentence since the written plea agreement did not expressly state a Guidelines range as the basis for the parties' agreed upon sentence and it cannot be said that the sentence was based on a sentencing range subsequently lowered by the Sentencing Commission.
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