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

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

Suffolk University Law Review 2010, Fall, 43, 4

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Publisher 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)

GENRE
Professional & Technical
RELEASED
2010
September 22
LANGUAGE
EN
English
LENGTH
18
Pages
PUBLISHER
Suffolk University Law School
SELLER
The Gale Group, Inc., a Delaware corporation and an affiliate of Cengage Learning, Inc.
SIZE
289.6
KB
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