US v. Main, No. 08-4088 - U.S. Second Circuit
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US v. Main, No. 08-4088

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.

Read US v. Main, No. 08-4088

Appellate Information

Argued: May 11, 2009

Decided: August 27, 2009

Judges

Opinion by Judge Walker

Counsel

For Appellant:

Elizabeth D. Mann, Assistant Federal Public Defender, Burlington, VT

For Appellee:

Paul Van De Graaf, Acting United States Attorney, District of Vermont, Burlington, VT