Home Menu ↓
Clicking on our sponsor links helps insure continued free access to this website.
Please support our efforts by visiting our sponsors:

 

FREEMAN v. UNITED STATES

Docket No.: 09-10245
Certiorari Granted: 09/28/10
Argued: February 23, 2011
Decided: 06/23/11

Topics:

abuse of discretion, sentencing guidelines

PartyNames: William Freeman v. United States
Petitioner: William Freeman
Respondent: United States

Court Below: United States Court of Appeals for the Sixth Circuit
Citation: 355 FED. APPX. 1

William Freeman
v.
United States
Question Presented:

Section 3582(c)(2) of Tit1e 18 of the United States Code provides that a district court may reduce a term of imprisonment after it has been imposed if the defendant "has been sentenced to a term of imprisonment based on a sentencing range that has subsequently been lowered by the Sentencing Commission." Under Federal Rule of Criminal Procedure 11(c)(1)(C), the Government and the defendant may enter into a plea agreement in which they "agree that a specific sentence or sentencing range is the appropriate disposition of the case" and "such a recommendation or request binds the court once the court accepts the plea agreement. " The question presented is whether a defendant is ineligible for a sentence reduction under 18 U.S.C. ยง3582(c)(2) solely because the district court accepted a Rule 11(c)(1)(C) plea agreement.

Question:

Does a federal judge have the authority to reduce a criminal sentence after the U.S. Sentencing Commission amends the Sentencing Guidelines if the judge has already accepted a plea agreement?

FREEMAN v. UNITED STATES
ORAL ARGUMENT

02/23/11

Listen to Oral Argument in FREEMAN v. UNITED STATES
Holding: reversed and remanded
Vote: 5-4
Opinion By:

FREEMAN v. UNITED STATES
Case Documents

1FREEMAN v. UNITED STATES Oral Argument Transcript (HTML)
2FREEMAN v. UNITED STATES Oral Argument Transcript (PDF)
3FREEMAN v. UNITED STATES Oral Argument Audio (February 23, 2011)
4FREEMAN v. UNITED STATES Oral Argument Audio
5FREEMAN v. UNITED STATES Oral Argument Transcript (HTML)
6Opinion in FREEMAN v. UNITED STATES
Additional documents for this case are pending review.