United States v. Garrett

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Garrett entered into a Rule 11(c)(1)(C) plea agreement and pleaded guilty to conspiracy to distribute more than 50 grams of crack cocaine, in violation of 21 U.S.C. 846 and 841(b)(1)(A)(iii). The district court sentenced Garrett to 151 months of imprisonment, which was the bottom end of the guideline range as calculated in his presentence report. Garrett argued that he was eligible for resentencing under 18 U.S.C. 3582(c)(2) because his original sentence was “based on a sentencing range that has subsequently been lowered by the Sentencing Commission” and because reduction would be “consistent with applicable policy statements issued by the Sentencing Commission.” The district court rejected the argument. The Sixth Circuit reversed and remanded. When a defendant’s sentence follows from a Rule 11(c)(1)(C) plea agreement, the district court is bound by that agreement if it accepts it, and the sentence is, therefore, “based on” an agreement “that a specific sentence or sentencing range is the appropriate disposition of the case, or that a particular provision of the Sentencing Guidelines, or policy statement, or sentencing factor does or does not apply.” Garrett’s agreement employed a range that was subsequently lowered by the Sentencing Commission. View "United States v. Garrett" on Justia Law