Legal Opinion

United States v. Brown

Court of Appeals for the Fourth Circuit

Decided August 9, 2011No. 09-7561PublishedCited by 54 opinions

1Opinion of the Court

Reversed by published opinion. Judge SHEDD wrote the opinion in which Judge WILKINSON and Judge DUNCAN joined.

OPINION

SHEDD, Circuit Judge:

The United States appeals the district court’s grant of James Brown’s motion for a reduced sentence pursuant to 18 U.S.C. § 3582(c)(2). The Government argues that the district court lacked the authority to grant such relief because Brown’s sentence was not “based on” a sentencing range that was subsequently lowered but, rather, on his plea agreement entered pursuant to Federal Rule of Criminal Procedure 11(c)(1)(C). In light of the Supreme Court’s recent…

2Cases cited3 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

3Cited by54 opinions

  1. United States v. David Williams, IIICourt of Appeals for the Fourth Circuit · 2016
  2. Hughes v. United StatesSupreme Court of the United States · 2018
  3. United States v. Ricardo EppsCourt of Appeals for the D.C. Circuit · 2013
  4. United States v. AustinCourt of Appeals for the Ninth Circuit · 2012
  5. United States v. GrahamCourt of Appeals for the Tenth Circuit · 2013

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