United States v. Ricardo Epps

Opinion for the Court by Circuit Judge ROGERS and Senior Circuit Judge WILLIAMS.

Dissenting opinion by Circuit Judge BROWN.

ROGERS, Circuit Judge and WILLIAMS, Senior Circuit Judge:

In Freeman v. United States, — U.S. -, 131 S.Ct. 2685, 180 L.Ed.2d 519 (2011), the Supreme Court held that the district court is not categorically barred from reducing a defendant’s sentence under 18 U.S.C. § 3582(c)(2) where the defendant entered into a plea agreement pursuant to Federal Rule of Criminal Procedure 11(c)(1)(C). The decision was splintered, however, with the plurality and concurring opinions adopting…