U.S. v. COBB

No. 08-1213.

584 F.3d 979 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Jeffrey Scott COBB, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 26, 2009.


Attorney(s) appearing for the Case

Howard A. Pincus, Assistant Federal Public Defender (Raymond P. Moore, Federal Public Defender, with him on the briefs), Denver, CO, for Defendant-Appellant.

John M. Hutchins, Assistant United States Attorney (David M. Gaouette, Acting United States Attorney, and Robert Mydans, Assistant United States Attorney, with him on the briefs), Denver, CO, for Plaintiff-Appellee.

Before HARTZ, HOLLOWAY, and McKAY, Circuit Judges.


McKAY, Circuit Judge.

After the Sentencing Commission retroactively applied Amendment 706's modifications to the crack cocaine sentencing guidelines, the defendant, Jeffrey Scott Cobb, filed a motion for a sentence reduction under 18 U.S.C. § 3582(c)(2). However, the court dismissed Defendant's motion for lack of jurisdiction. Specifically, the court ruled that because Defendant's sentence was based on a plea entered pursuant to Rule 11(e)(1)(C) of the Federal...

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