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United States v. Cobb

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Before HARTZ, HOLLOWAY, and McKAY, Circuit Judges.

After the Sentencing Commission retroactively applied Amendment 706′s modifications to the crack cocaine sentencing guidelines, the defendant, Jeffrey Scott Cobb, filed a motion for a sentence reduction under 18 U.S.C. § 3582(c)(2). However, the court dismissed Defendant’s motion for lack of jurisdiction. Specifically, the court ruled that because Defendant’s sentence was based on a plea entered pursuant to Rule 11(e)(1)(C) of the Federal Rules of Criminal Procedure (precursor to the current Rule 11(c)(1)(c)) rather than on the sentencing guidelines, the court lacked authority to reduce Defendant’s sentence. Defendant appeals, arguing his sentence was based on the guidelines because the parties based the plea agreement on the properly computed guideline range, and the stipulated sentence fell within this range. Because we find the court had authority to reduce Defendant’s sentence under § 3582(c)(2), we reverse the district court’s judgment and remand this case.

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