09-3799 U.S. v. Redd

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Sentencing
Crack cocaine

A defendant cannot make successive motions for sentence reduction pursuant to 18 U.S.C. 3582(c)(2).
“Redd treats §3582(c)(2) as if it countermanded the basic determinate-sentence system and bestowed on district judges a continuing power to adjust sentences-a power that would last indefinitely, unlike the older system limiting that power to 120 days after the final appellate decision. Neither the text of §3582(c)(2) nor the language of Amendment 712 suggests that prisoners are entitled to more than one opportunity to request a lower sentence, for any given change in the Guideline range. Once the district judge makes a decision, Rule 35 applies and curtails any further power of revision, unless the Commission again changes the Guidelines and makes that change, too, retroactive.”

Affirmed.

09-3799 U.S. v. Redd

Appeal from the United States District Court for the Northern District of Indiana, Springmann, J., Easterbrook, J.

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