NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with
Fed. R. App. P. 32.1
United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Submitted September 24, 2009
Decided November 12, 2009
Amended November 13, 2009
Before
WILLIAM J. BAUER, Circuit Judge
JOEL M. FLAUM, Circuit Judge
DIANE P. WOOD, Circuit Judge
UNITED STATES OF AMERICA, ] Appeal from the United
Plaintiff-Appellee, ] States District Court for
] the Northern District of
No. 09-1349 v. ] Indiana, Hammond Division.
]
STEPHEN GOLDEN, ] No. 2:94-cr-00086-RL
Defendant-Appellant. ]
] Rudy Lozano, Judge.
AMENDED ORDER
A § 3582(c)(2) request for sentence modification is discretionary, United States v.
Cunningham,
554 F.3d 703, 707 (7th Cir. 2009), even for defendant Stephen Golden whose
Guideline range was lowered to 360 months to life from a range of life. And despite
Golden’s argument to the contrary, a district judge is permitted to leave a sentence alone,
id., which is what the judge did in Golden’s case. The district judge did not abuse his
discretion in handling Golden’s § 3582(c)(2) motion, especially in light of Golden’s
admitted incidents of prison misconduct. And, like his decision whether to grant a
sentence reduction, the district judge’s decision not to conduct a hearing is committed to
his discretion. United States v. Young,
555 F.3d 611, 615 (7th Cir. 2009).
AFFIRMED .
