United States v. Hughes, No. 15-15246 (11th Cir. 2017)
Annotate this CaseDefendant pleaded guilty to drug and firearm offenses, entering into a binding agreement with the government. At issue is whether the court should apply the rule of Marks v. United States to the splintered opinion in Freeman v. United States to determine whether a defendant who entered into a plea agreement that recommended a particular sentence as a condition of his guilty plea is eligible for a reduced sentence, 18 U.S.C. 3582(c)(2). The court agreed with the district court's determination that Justice Sotomayor's concurring opinion stated the holding in Freeman because she concurred in the judgment on the narrowest grounds, and the district court's denial of defendant's motion based on the reasoning of that concurring opinion. The court explained that, in this case, defendant was ineligible for a sentence reduction because he was not sentenced "based on a sentencing range," 18 U.S.C. 3582(c)(2), that has since been lowered. Accordingly, the court affirmed the judgment.
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