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United States v. Woods

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ARGUED DECEMBER 4, 2008

Before BAUER, POSNER, and WILLIAMS, Circuit Judges.

This is a consolidated appeal of the denial of three defendants’ motions to modify their sentences pursuant to 18 U.S.C. § 3582(c)(2). All three defendants were indicted, along with others, on multiple charges in a drug trafficking ring and entered into plea agreements that included appellate waivers. The government maintains we should dismiss the appeals because the waiver bars our review. Because we conclude that § 3582(c)(2) motions do not fall within the waiver’s scope, we hold that the waivers do not bar the defendants’ appeals of the denials of their § 3582(c)(2) motions. However, because we conclude that the district court did not err in denying the motions, we affirm.

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