Legal Opinion

United States v. Austin

Court of Appeals for the Ninth Circuit

Decided April 18, 2012No. 10-10001PublishedCited by 53 opinions

1Opinion of the Court

OPINION

BEA, Circuit Judge:

Lorenzo Austin was sentenced to a seventeen-year prison term pursuant to a plea agreement. Two years later, Austin filed a motion to reduce his sentence under 18 U. S.C. § 3582(c)(2), which the district court granted. While this case was pending, the United States Supreme Court decided Freeman v. United States, — U.S. -, 131 S.Ct. 2685, 180 L.Ed.2d 519 (2011). We conclude that Justice Sotomayor’s concurrence in Freeman controls this case because Austin’s plea agreement was a Federal Rule of Criminal Procedure 11(c)(1)(C) plea agreement (“(C) agreement”). Applying her…

2Cases cited9 opinions

  1. Marks v. United StatesSupreme Court of the United States · 1977
  2. Marks v. United StatesSupreme Court of the United States · 1977
  3. Freeman v. United StatesSupreme Court of the United States · 2011
  4. United States v. LeniearCourt of Appeals for the Ninth Circuit · 2009
  5. United States v. BrownCourt of Appeals for the Fourth Circuit · 2011

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3Cited by53 opinions

  1. United States v. Kevyn TaylorCourt of Appeals for the Seventh Circuit · 2015
  2. United States v. GrahamCourt of Appeals for the Tenth Circuit · 2013
  3. United States v. Kevin WeatherspoonCourt of Appeals for the Third Circuit · 2012
  4. United States v. Ricky DixonCourt of Appeals for the Seventh Circuit · 2012
  5. United States v. Tyrone DavisCourt of Appeals for the Ninth Circuit · 2016

48 more not listed; retrieve them via the Exa API.

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