United States v. Edmond
535 F. App'x 737
10th Cir.2013Background
- Edmond, a federal prisoner, appeals the district court’s denial of a § 3582(c)(2) motion for sentence reduction.
- Edmond pleaded guilty in 1997 to two counts of robbery and one count of possessing a firearm during a violent crime under 18 U.S.C. § 924(c)(1) under a Rule 11(e)(1)(C) plea agreement.
- The plea agreement contemplated a sentence of 271 months' imprisonment, which the district court imposed.
- In 2013, Edmond moved for reduction under Amendment 599, asserting his range was lowered and thus eligible for relief.
- The district court denied, holding it lacked authority because Amendment 599 did not reduce Edmond’s applicable sentencing range.
- The Tenth Circuit AFFIRMS, agreeing Edmond’s range was not affected by Amendment 599 because his range was based on career-criminal status under USSG § 4B1.1(b).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Amendment 599 lowers Edmond's sentencing range for § 3582(c)(2). | Edmond argues Amendment 599 lowers his range. | The government argues Amendment 599 does not affect his range. | No; Amendment 599 does not affect Edmond's range. |
Key Cases Cited
- United States v. Dryden, 563 F.3d 1168 (10th Cir. 2009) (limits relief under § 3582(c)(2) when amendment does not change range)