Seventh Circuit· 2/4/2009

United States v. Cunningham

Citations

554 F.3d 703
2009 U.S. App. LEXIS 2641
2009 WL 249886

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

holding that “section 3582(c)(2) proceedings . . . may not result in a sentence lower than the [defendant’s] amended guideline range (unless the defendant’s original sentence was lower than the guideline range
finding that § 3582(c)(2) proceedings did not invoke Booker because they were not full sentencing hearings or resentences, nor did they raise the same Sixth Amendment eoncern
\[T]here is no 'inherent authority' for a district court to modify a sentence as it pleases; indeed a district court's discretion to modify a sentence is an exception to [ § 3582 's] general rule [barring modification].\

Source: CourtListener parenthetical corpus (CC0).

Judges: Posner, Flaum, Wood

Read full opinion on CourtListener

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56 cases in this archive cite this case; the 20 most cited are listed.

Cites

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