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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:
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