United States v. Duvall, No. 10-3091 (D.C. Cir. 2013)
Annotate this CaseAppellant, indicted for conspiracy to distribute crack cocaine, pled guilty pursuant to a Federal Rule of Criminal Procedure 11(c)(1)(C) plea agreement, which generally specifies an agreed-upon sentence or sentencing range. On appeal, appellant primarily argued that he was entitled to a sentence reduction because the advisory U.S. Sentencing Guidelines governing crack-related offenses were retroactively lowered after he was sentenced. The court held that appellant's sentence was not based on a Guideline sentencing range, but was instead based on a plea agreement made under Rule 11(c)(1)(C). Therefore, the Sentencing Commission's change to the crack Guidelines sentencing range did not make appellant eligible for a sentence reduction under 18 U.S.C. 3582(c)(2). The court further held that appellant's choice-of-counsel argument was meritless. Accordingly, the court affirmed the judgment.
The court issued a subsequent related opinion or order on August 13, 2013.
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