Legal Opinion
United States v. Melvin
Court of Appeals for the Eleventh Circuit
Decided February 3, 2009No. 08-13497PublishedCited by 154 opinions
1Per curiam
We decide in this appeal whether United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), and Kimbrough v. United States, — U.S. -, 128 S.Ct. 558, 169 L.Ed.2d 481 (2007), prohibit Congress or the Sentencing Commission from limiting the discretion of a district court in reducing a sentence under 18 U.S.C. § 3582(c)(2). Concluding that Booker and Kimbrough do not apply to § 3582(c)(2) proceedings, we hold that a district court is bound by the limitations on its discretion imposed by § 3582(e)(2) and the applicable policy statements by the Sentencing Commission.
I. BACKGROUND
I…
2Cases cited11 opinions
- United States v. BookerSupreme Court of the United States · 2004
- Kimbrough v. United StatesSupreme Court of the United States · 2007
- United States v. DunphyCourt of Appeals for the Fourth Circuit · 2009
- United States v. BravoCourt of Appeals for the Eleventh Circuit · 2000
- United States v. Matthew Mark MorenoCourt of Appeals for the Eleventh Circuit · 2005
6 more not listed; retrieve them via the Exa API.
3Cited by154 opinions
- United States v. EvansCourt of Appeals for the Fifth Circuit · 2009
- United States v. DoublinCourt of Appeals for the Fifth Circuit · 2009
- United States v. WashingtonCourt of Appeals for the Sixth Circuit · 2009
- United States v. Ricky DixonCourt of Appeals for the Seventh Circuit · 2012
- United States v. FanfanCourt of Appeals for the First Circuit · 2009
149 more not listed; retrieve them via the Exa API.