U.S. v. BROWN

No. 09-7561.

653 F.3d 337 (2011)

UNITED STATES of America, Plaintiff-Appellant, v. James Roderck BROWN, a/k/a JB, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: August 9, 2011.


Attorney(s) appearing for the Case

ARGUED: Shawn Angus Morgan , Office of the United States Attorney, Clarksburg, West Virginia, for Appellant. Brian Joseph Kornbrath , Federal Public Defender, Clarksburg, West Virginia, for Appellee. ON BRIEF: Sharon L. Potter , United States Attorney, Wheeling, West Virginia, for Appellee.

Reversed by published opinion. Judge SHEDD wrote the opinion in which Judge WILKINSON and Judge DUNCAN joined.


OPINION

SHEDD, Circuit Judge:

The United States appeals the district court's grant of James Brown's motion for a reduced sentence pursuant to 18 U.S.C. § 3582(c)(2). The Government argues that the district court lacked the authority to grant such relief because Brown's sentence was not "based on" a sentencing range that was subsequently lowered but, rather, on his plea agreement entered pursuant to Federal Rule of Criminal Procedure 11(c)(1)(C). In...

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