Defendant's drug sentence is affirmed, where: 1) Defendant was not entitled to an evidentiary hearing on his 18 U.S.C. section 3582(c)(2) motion; and 2) the District Court did not abuse its discretion by concluding that Defendant continued to pose a threat to public safety.
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA. District Judge: Honorable Legrome D. Davis.
(D.C. Crim. No. 02-cr-00570-001)
Submitted Under Third Circuit LAR 34.1(a) on March 2, 2009
Opinion Filed on March 25, 2009
Before BARRY, WEIS, and ROTH, Circuit Judges
Opinion by BARRY, Circuit Judge.
Counsel for Appellant - Lawrence Singer, Esq. Suite 1010, 1617 John F. Kennedy Boulevard, One Penn Center, Philadelphia, PA 19103-0000