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· 1/5/2009

United States v. Dunphy

Citations

  • 551 F.3d 247
  • 2009 U.S. App. LEXIS 6
  • 2009 WL 19139

How courts have described this case

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

  • recognizing that “the Commission’s policy statements implementing the statute’s authorization of retroactive sentence reductions are binding”
  • holding that § 1B1.10 is “a jurisdictional bar to reducing sentences below the range authorized by the Commission”
  • holding that § 3582(c)(2) does not authorize sentence below minimum of amended Guidelines range
  • holding that § 3582 proceedings “do not constitute a full resentencing of the defendant”
  • holding that the ms analysis was flawed and that l did not apply to § 35 82(c)(2) because such proceedings were not full sentencing hearings and only allowed for reductions rather than increases to sentences
  • providing that district court, pursuant to § 3582(c)(2), has no authority to reduce sentence below minimum of amended Guidelines range where defendant received within-Guidelines sentence at original sentencing

Source: CourtListener parenthetical corpus (CC0).

Judges: Wilkinson, Duncan, Bennett

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.