United States v. Rivera-Martinez, No. 09-1766 (1st Cir. 2011)Annotate this Case
In 2000 defendant entered a "C-type" plea of guilty to conspiring to possess with intent to distribute more than five kilograms of crack cocaine, 21 U.S.C. 841(a)(1), 846. The agreement bound the court to a sentence of 240 months. In 2007 the Sentencing Commission amended the guidelines retroactively. Defendant's motion for sentence reduction was denied. The First Circuit affirmed. The Supreme Court remanded. After considering the matter under the Supreme Court's 2011 decision, Freeman v. United States, the First Circuit concluded that defendant is ineligible for sentence reduction, reasoning that it is not clear that the agreed sentence was based on the subsequently-amended guideline.
This opinion or order relates to an opinion or order originally issued on June 9, 2010.