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Sentence Reduction

By: Derek Hawkins//February 8, 2016//

Sentence Reduction

By: Derek Hawkins//February 8, 2016//

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7th Circuit Court of Appeals

Case Name: United States of America v. Lawrence McCarroll

Case No.:15-2492

Officials: POSNER, KANNE, and HAMILTON, Circuit Judges

Focus: Sentence Reduction

Appellant not entitled to resentencing despite amendments to the sentencing guidelines

“McCarroll attempts to avoid the limitation on relief available under § 3582(c)(2) by asserting that a “’sentencing range’ and ‘guideline range’ are not necessarily the same.” Because the “guidelines range” is calculated using a specific total offense level and criminal-history category, he posits, his “sentencing range” is lower due to the 2-level decrease in offense level under Amendment 782. McCarroll cites no authority supporting this contention, but instead urges us to look to the purpose of Amendment 782—reducing the prison population—and hold that a rule making ineligible any defendant whose guidelines range remains unchanged would violate that purpose by making relief unavailable for thousands of prisoners”

Affirmed

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Attorney Derek A. Hawkins is the managing partner 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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