United States v. Robert Smith

Millett, Circuit Judge:

Robert Smith pled guilty under Federal Rule of Criminal Procedure 11(c)(1)(C) to a criminal conspiracy and was sentenced to 156 months of imprisonment, a sentence that fell within the recommended Sentencing Guidelines range. Later, the United States Sentencing Commission lowered that range and made its amendment retroactive. Smith then moved for a corresponding reduction in his sentence. The district court ruled that a reduced sentence was both legally unavailable and unwarranted. Because, under circuit and recent Supreme Court precedent, Smith was eligible for a…