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Amendment doesn't affect sentence

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Even though the terms of a defendant's plea agreement didn't prevent him from filing a motion to reduce his sentence, he is ineligible for the reduction under 18 U.S.C. Section 3582(c)(2) because his sentence wasn't affected by an amendment to the sentencing guidelines, the 7th Circuit Court of Appeals affirmed today.

In United States of America v. John Q. Monroe, No. 08-2945, John Monroe appealed the District Court's denial of his motion for a reduction in the length of his sentence under Section 3582(c)(2). He had pleaded guilty to possession with intent to distribute more than 50 grams of cocaine base and was sentenced to 168 months in prison. He faced a mandatory minimum sentence of 240 months if he was convicted under the charge, which became his "guideline sentence." The downward departure was based on Monroe's cooperation.

After he was sentenced, Amendment 706 to the sentencing guidelines took effect and reduced the base offense levels for drug offenses involving cocaine base by two levels. The District Court denied Monroe's motion for a sentence reduction without discussing the applicability of it to him, but it noted that a reduction wasn't appropriate.

Before ruling on if the amendment applied to Monroe's case, the Circuit Court determined that his plea agreement didn't prevent him from filing his motion. It determined that his motion for a reduction wasn't an appeal or collateral attack, as those were not allowed under the terms of his plea agreement. The federal judges disagreed with the government that motions brought under Section 3582(c)(2) are in essence collateral attacks, citing United States v. Chavez-Salias, 337 F.3d 1170 (10th Cir. 2003).

The evidence in the instant case doesn't show Monroe agreed to give up his right to seek a reduction in the length of his sentence based on a retroactive change in the sentencing guidelines, nor does it show the parties meant for Section 3582(c)(2) motions to be considered collateral attacks, wrote Judge Kenneth Ripple.

Even though he could bring the motion under the terms of his plea agreement, the District Court was correct in finding the amendment didn't apply to Monroe. He's ineligible for the reduction because Section 3582(c)(2) only permits the District Court to modify a sentence where the applicable sentencing range had been lowered. The amendment had no effect on Monroe's case because he was sentenced in accordance to the mandatory minimum sentence, rather than with the sentencing range set up in the guidelines, wrote the judge. The Circuit judges concluded their holding in United States v. Poole, 550 F.3d 676 (7th Circ. 2008), decided after briefs were filed in the instant case, is determinative.

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  2. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  3. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  4. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

  5. I have no doubt that the ADA and related laws provide that many disabilities must be addressed. The question, however, is "by whom?" Many people get dealt bad cards by life. Some are deaf. Some are blind. Some are crippled. Why is it the business of the state to "collectivize" these problems and to force those who are NOT so afflicted to pay for those who are? The fact that this litigant was a mere spectator and not a party is chilling. What happens when somebody who speaks only East Bazurkistanish wants a translator so that he can "understand" the proceedings in a case in which he has NO interest? Do I and all other taxpayers have to cough up? It would seem so. ADA should be amended to provide a simple rule: "Your handicap, YOUR problem". This would apply particularly to handicapped parking spaces, where it seems that if the "handicap" is an ingrown toenail, the government comes rushing in to assist the poor downtrodden victim. I would grant wounded vets (IED victims come to mind in particular) a pass on this.. but others? Nope.

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