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U.S. v. LAFAYETTE

No. 08-3024.

585 F.3d 435 (2009)

UNITED STATES of America, Appellee v. Shechem LAFAYETTE, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided November 3, 2009.

Attorney(s) appearing for the Case

A.D. Martin, appointed by the court, argued the cause and filed the briefs for appellant.

Peter S. Smith, Assistant U.S. Attorney, argued the cause for appellee. With him on the brief were Jeffrey A. Taylor, U.S. Attorney at the time the brief was filed, and Roy W. McLeese III, Assistant U.S. Attorney.

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

Under section 3582(c)(2) of Title 18 of the United States Code, district courts may reduce a defendant's sentence if it was imposed based on a Sentencing Guidelines range that has since been lowered. Relying on this provision, appellant moved for a sentence reduction based on a recent Guidelines amendment and also sought to use his motion as a vehicle to gain the retroactive benefit of Apprendi v. New Jersey, 530 U.S. 466...

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