Legal Opinion · Dissent

United States v. Dews

Court of Appeals for the Fourth Circuit

Decided January 8, 2009No. 08-6458, 08-6476Published

1DissentAgee, Circuit Judge

The majority opinion correctly identifies the issue on appeal in this case, that is, whether the district court had jurisdiction to grant the motions by Darrell Dews and Brian Allen (collectively “the Defendants”) under 18 U.S.C. § 3582(c)(2) for a reduction of sentence. The majority also eor-rectly notes that a defendant seeking relief under that statute must satisfy two requirements in order to establish the district court’s authority to consider such a motion. First, the defendant’s sentence must be one that was “based on a sentencing range” and, second, that sentence range “has…

2Cases cited19 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. United States v. Michael Lee HarveyCourt of Appeals for the Fourth Circuit · 1986
  3. United States v. Tyronski JohnsonCourt of Appeals for the Fourth Circuit · 2005
  4. United States v. Gul Khan KhattakCourt of Appeals for the Third Circuit · 2001
  5. United States v. Paul CieslowskiCourt of Appeals for the Seventh Circuit · 2005

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