United States v. Key, No. 08-3218-cr (2d Cir. April 28, 2010) (Miner, Cabranes, Wesley, CJJ) (per curiam) This interesting per curiam holds that a defendant’s appeal of the denial of his crack resentencing motion under 18 U.S.C. § 3582(c)(2) was rendered moot by his release from prison. Although Key was still on supervised release, the … Read more
United States v. Main, No. 08-4088-cr (2d Cir. August 27, 2009) (Walker, Wallace, CJJ) Christopher Main pled guilty to a crack cocaine offense pursuant to a Rule 11(c)(1)(C) agreement that stipulated to maximum sentence of 96 months, which was below the 120 to 150-month guideline range, and provided a “carve-out” for Main to seek a … Read more
United States v. Savoy, No. 08-4800-cr (2d Cir. May 27, 2009)(per curiam) After a 1998 jury trial on crack distribution charges, Demetric Savoy faced a guideline sentencing range of 188 to 235 months’ imprisonment, and received a sentence at the bottom of the range. In 2008, he moved, under 18 U.S.C. § 3582(c)(2), for a … Read more
United States v. Borden, No. 08-1625-cr (2d Cir. April 22, 2009: amended opinion) (Cabranes, Hall, CJJ, Sweet, DJ) Every other circuit to consider the question has concluded that a district court’s denial of a crack retroactivity motion under 18 U.S.C. § 3582(c)(2) is reviewed for abuse of discretion. With this decision, the Second Circuit joins … Read more
United States v. McGee, No. 08-1619-cr (2d Cir. January 23, 2009) (Pooler, Raggi, Livingson, CJJ) (per curiam) Darius McGee, convicted of a crack cocaine offense, was a career offender. At his sentencing, however, the district court downwardly departed. It disregarded the career offender guideline range, and sentenced him under the offense level that would otherwise … Read more
United States v. Williams, No. 08-1065-cr (2d Cir. January 7, 2009) (Hall, Livingston, Gibson, CJJ) Here, the defendant, Saquan Lewis, unsuccessfully appealed the district court’s denial of his motion for a sentence reduction under 18 U.S.C. § 3582(c) based on the retroactive amendment to the Guideline for offenses involving crack cocaine. The District Court Proceedings … Read more