United States v. Cunningham

FLAUM, Circuit Judge.

This case presents the consolidated appeals of Derek Cunningham and Norman Thomas. Their appeals arise from the same prosecution and raise the same purely legal issue: whether a district court, in reducing a’s sentence pursuant to 18 U.S.C. § 8582(c)(2), has authority under United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005) to reduce a’s sentence beyond the retroactive Guidelines amendment range. For the reasons explained below, we hold that a district court does not have authority to do so and therefore affirm the judgment of the district court.

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