United States v. Gay, No. 13-6247 (10th Cir. 2014)
Annotate this CaseDefendant-appellant Alondo Gay appealed the district court's denial of his motion for a sentence reduction. The Tenth Circuit found that defendant attempted to use the district court proceedings to collaterally attack his original sentence under the Fifth and Eighth Amendments. When asked, Gay’s counsel acknowledged at oral argument that she had no authority supporting the use of a 18 U.S.C. 3582(c)(2) remedy to advance new, unrelated constitutional claims on appeal. The Tenth Circuit affirmed the district court’s denial of a sentence reduction. Though the Court had no authority to grant relief on defendant's constitutional claims, the Court addressed them simply to show them as meritless.
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