United States v. Austin, No. 10-10001 (9th Cir. 2012)
Annotate this CaseDefendant was sentenced to a 17-year prison term pursuant to a plea agreement. Two years later, defendant filed a motion to reduce his sentence under 18 U.S.C. 3582(c)(2), which the district court granted. While this case was pending, the United States Supreme Court decided Freeman v. United States. The court concluded that Justice Sotomayor's concurrence in Freeman controlled this case because defendant's plea agreement was a Federal Rule of Criminal Procedure 11(c)(1)(C) plea agreement. Applying her opinion, the court held that the district court lacked jurisdiction to reduce defendant's sentence because the imposed 17-year sentence was "based on" the parties' plea agreement and not on "a sentencing range that has subsequently been lowered by the Sentencing Commission."
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