DocketNumber: No. 08-2400
Citation Numbers: 339 F. App'x 150
Judges: Fuentes, Rendell, Roth
Filed Date: 7/27/2009
Status: Precedential
Modified Date: 11/5/2022
OPINION OF THE COURT
This appeal raises a single issue: whether a district court may reduce a defendant’s sentence under 18 U.S.C. § 3582(c)(2), the statutory provision allowing a court to reduce a sentence which is “based on a sentencing range that has subsequently been lowered by the Sentencing Commission,” when that sentence is imposed pursuant to a binding plea agreement. Concluding that enforcement of the stipulated sentence was not required, the District Court reduced defendant Antoine Tucker’s sentence; the government appealed.
. The District Court had jurisdiction under 18 U.S.C. § 3231. We exercise jurisdiction pursuant to 28 U.S.C. § 1291.