Legal Opinion

United States v. Blackmon

Court of Appeals for the Eighth Circuit

Decided October 27, 2009No. 09-1059PublishedCited by 15 opinions

1Per curiam

The district court reduced Derrick D. Blackmon’s sentence from 200 months to 162 months, after Amendment 706 to the Sentencing Guidelines. See 18 U.S.C. § 3582(c)(2). The government appeals, arguing that the original sentence was based on his career offender range under section 4B1.1 of the Sentencing Guidelines; this range was not lowered by Amendment 706; and thus he is not eligible for a sentence reduction under section 3582(c)(2). See U.S.S.G. § 1B1.10, comment. (n.l(A)) (eligibility for consideration under section 3582(c)(2) is triggered only by an amendment that lowers the applicable…

2Cases cited2 opinions

  1. United States v. TolliverCourt of Appeals for the Eighth Circuit · 2009
  2. United States v. CollierCourt of Appeals for the Eighth Circuit · 2009

3Cited by15 opinions

  1. United States v. PembrookCourt of Appeals for the Sixth Circuit · 2010
  2. United States v. FlemmingCourt of Appeals for the Third Circuit · 2010
  3. United States v. DartonCourt of Appeals for the Tenth Circuit · 2010
  4. United States v. GuytonCourt of Appeals for the Seventh Circuit · 2011
  5. United States v. William MuldrowCourt of Appeals for the Fourth Circuit · 2016

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