U.S. v. RIVERA-MARTÍNEZ

No. 09-1766.

607 F.3d 283 (2010)

UNITED STATES of America, Appellee, v. Robin Eddie RIVERA-MARTÍNEZ, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided June 9, 2010.


Attorney(s) appearing for the Case

Jean C. LaRocque, by appointment of the court, for appellant.

Vijay Shanker, Attorney, Appellate Section, Criminal Division, United States Department of Justice, with whom Rosa Emilia Rodríguez-Vélez, United States Attorney, Nelson Pérez-Sosa, Assistant United States Attorney (Appellate Chief), and Julia M. Meconiates, Assistant United States Attorney, were on brief, for appellee.

Before TORRUELLA, SELYA and HOWARD, Circuit Judges.


SELYA, Circuit Judge.

This appeal raises an issue, new to this court, that has fomented a circuit split: Is a defendant who was sentenced pursuant to a binding C-type plea agreement, Fed. R.Crim.P. 11(c)(1)(C), for conspiring to distribute crack cocaine entitled to a sentence reduction by reason of retroactive amendments to the sentencing guidelines designed to lower sentences for crack cocaine offenses? We conclude that...

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