Legal Opinion
United States v. Rivera-Martínez
Court of Appeals for the First Circuit
Decided June 9, 2010No. 09-1766PublishedCited by 11 opinions
1Opinion of the Court
SELYA, Circuit Judge.
This appeal raises an issue, new to this court, that has fomented a circuit split: Is a defendant who was sentenced pursuant to a binding C-type plea agreement, Fed. R.Crim.P. 11(c)(1)(C), for conspiring to distribute crack cocaine entitled to a sentence reduction by reason of retroactive amendments to the sentencing guidelines designed to lower sentences for crack cocaine offenses? We conclude that, in the absence of explicit countervailing language in the plea agreement, 18 U.S.C. § 3582(c)(2) does not apply and, therefore, such a defendant is ineligible for the…
2Cases cited21 opinions
- United States v. TeeterCourt of Appeals for the First Circuit · 2001
- United States v. Paul CieslowskiCourt of Appeals for the Seventh Circuit · 2005
- United States v. CookCourt of Appeals for the D.C. Circuit · 2010
- United States v. SanchezCourt of Appeals for the Third Circuit · 2009
- United States v. Ortiz-SantiagoCourt of Appeals for the First Circuit · 2000
16 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- United States v. Rivera-MartinezCourt of Appeals for the First Circuit · 2011
- United States v. Rivera-MartinezCourt of Appeals for the First Circuit · 2010
- Rivera-Martinez v. United StatesSupreme Court of the United States · 2011
- United States v. EppsDistrict Court, District of Columbia · 2010
- Freeman v. United StatesSupreme Court of the United States · 2011
6 more not listed; retrieve them via the Exa API.