United States v. Washington

MURPHY, Circuit Judge.

After examining the briefs and appellate record, this court determined unanimously that oral argument would not materially assist the determination of this appeal. Accordingly, this court previously entered an order honoring the parties’ requests that the appeal be submitted without oral argument. See Fed. R.App. P. 34(f); 10th Cir. R. 34.1(G).

I. INTRODUCTION

This appeal presents a narrow legal question: Can the movant, Tony Washington, utilize the sentence-modification procedure set out in 18 U.S.C. § 3582(c)(2) to have this court decide an issue left unresolved on…