In a drug prosecution, a denial of defendant's motion for a reduction of sentence is affirmed where the district court lacked authority to reduce defendant's sentence under 18 U.S.C. section 3582(c), because the sentence was dictated by his plea agreement pursuant to Fed. R. Crim. P. 11(c)(1)(C), and not the Sentencing Guidelines related to crack cocaine.
Argued: May 11, 2009
Decided: August 27, 2009
Opinion by Judge Walker
Elizabeth D. Mann, Assistant Federal Public Defender, Burlington, VT
Paul Van De Graaf, Acting United States Attorney, District of Vermont, Burlington, VT