United States v. Carl George

ROGERS, Circuit Judge.

Defendant George specifically agreed to 120 month’s imprisonment in a Criminal Procedure Rule 11(c)(1)(C) plea agreement that explicitly calculated the applicable Sentencing Guideline range of 110-137 months. He now seeks resentencing based on a Sentencing Guideline amendment that would reduce the range. Under the holding of Freeman v. United States, 564 U.S. 522, 539, 131 S.Ct. 2685, 180 L.Ed.2d 519 (2011) (Sotomayor, J., concurring), resentencing is permitted in a Rule 11(c)(1)(C) case only where the plea agreement “make[s] clear” that the sentence was “based on” the…