Pleas & Sentencing

By: Derek Hawkins//July 28, 2015//

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Criminal

7^th Circuit Court of Appeals

Officials: POSNER, EASTERBROOK, and SYKES, Circuit Judges

Pleas & Sentencing

No. 15-1326; No. 15-1474 USA v. Emanuel Newman

U.S.C. §3582(c)(2) permits a court to reduce a sentence, not increase it.

“The court did not explain why an order authorized by §3582(c)(2) isn’t a sentencing for the purpose of Rule 35(a). We know from Dillon v. United States, 560 U.S. 817 (2010), that it isn’t a sentencing for the purpose of the Sixth Amendment, which implies that it is not one for the purpose of Fed. R. Crim. P. 32 either. Thus the judge need not order the defendant produced in court and need not take new evidence. See also Fed. R. Crim. P. 43(a)(3), (b)(4). But Dillon does not say or suggest that a judge who has reduced a sentence under §3582(c)(2) becomes empowered to increase it months or years later, without regard to the time limits ordinarily applicable to revisions.”

Vacated and Remanded

Full Text

Attorney Derek A. Hawkins is the managing attorney at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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