Tuesday, August 09, 2011

Fourth Circuit -- US v. James Brown

US v. James Brown

 Where a plea agreement does not specifically reference a guidelines sentencing range, courts cannot subsequently lower the sentence to reflect changes in the guidelines.

The issue here is whether the crack amendments can be used to lower a pleaded sentence - parsing Sotomayor's concurrence in Freeman, the court holds that there are exceptions to the plurality's holding that the answer is generally "yes."
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.