United States v. Custer

REPORT

YOUNG, District Judge.

On October 28, 2010, the First Circuit retaining jurisdiction, remanded the matter of United States v. Custer to this Court to report on two questions, namely: 1) Why did this Court grant leave to appeal; and 2) on what basis did this Court deny Custer’s motion for re-sentencing under 18 U.S.C. § 3582(c)(2). This Court answers the questions as follows.

1. While appeals in criminal proceedings are not guaranteed by the Constitution, they provide a vital safeguard for criminal defendants from erroneous convictions. See Jones v. Barnes, 463 U.S. 745, 757 n. 1, 103…