(DOWNLOAD) "Criminal Law - Fourth Circuit Allows (Section) 3582(C) (2) Sentence Modification Under Rule 11 Plea Agreement to Specific Term - United States V. Dews." by Suffolk University Law Review ~ eBook PDF Kindle ePub Free

Criminal Law - Fourth Circuit Allows (Section) 3582(C) (2) Sentence Modification Under Rule 11 Plea Agreement to Specific Term - United States V. Dews.

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Title: Criminal Law - Fourth Circuit Allows (Section) 3582(C) (2) Sentence Modification Under Rule 11 Plea Agreement to Specific Term - United States V. Dews.
Author : Suffolk University Law Review
Release Date : January 22, 2010
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 289 KB

Description

Criminal Law--Fourth Circuit Allows [section] 3582(c)(2) Sentence Modification Under Rule 11 Plea Agreement to Specific Term--United States v. Dews, 551 F.3d 204 (4th Cir. 2008), reh 'g en banc granted, No. 08-6458 (4th Cir. Feb. 20, 2009), reh'g dismissed as moot, No. 08-6458 (4th Cir. May 4, 2009) Although their application is no longer mandatory, the United States Sentencing Guidelines (USSG) still serve an important role in determining a defendant's sentence after conviction and whether a trial judge will accept a negotiated plea agreement. (1) Once imposed, a judge can only reduce a defendant's sentence for "extraordinary and compelling reasons," including the subsequent lowering of the USSG range upon which the sentence was based, as per 18 U.S.C. [section] 3582(c)(2). (2) In United States v. Dews, (3) the United States Court of Appeals for the Fourth Circuit considered whether a sentence to a term of months imposed pursuant to a Rule 11 plea agreement is based on a USSG range for purposes of qualifying for reduction under [section] 3582(c)(2). (4) The Fourth Circuit held that when a Rule 11 plea to a term of imprisonment is negotiated by the parties and accepted by the court because it is within the applicable USSG range, a defendant may receive a sentence reduction in accordance with [section] 3582(c)(2). (5)