Thursday, February 25, 2010

Rehearing Granted to Review Defendant's § 3582(c)(2) victory

U.S. v. Cobb, 2010 WL 546057 (2/17/10) (Published) - The 10th has granted the government's rehearing en banc petition challenging the decision at 584 F.3d 979 (2009) that a reduction under § 3582(c)(2) is possible, even with respect to an 11(c)(1)(C) plea, where the agreement as to sentence was based on the guideline range in effect at the time.