U.S. v. EPPS

No. 11-3002.

707 F.3d 337 (2013)

UNITED STATES of America, Appellee v. Ricardo Eugene EPPS, also known as Man, also known as Fat Man, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided February 12, 2013.


Attorney(s) appearing for the Case

Mary Manning Petras , Assistant Federal Public Defender, argued the cause for appellant. With her on the briefs was A.J. Kramer , Federal Public Defender.

Bernard J. Apperson III , Assistant U.S. Attorney, argued the cause for appellee. On the brief were Ronald C. Machen Jr. , U.S. Attorney, and Roy W. McLeese III , James S. Sweeney , and Elizabeth H. Danello , Assistant U.S. Attorneys. Sarah Chasson and Elizabeth Trosman , Assistant U.S. Attorneys, entered appearances.

Dissenting opinion by Circuit Judge BROWN.


ROGERS, Circuit Judge and WILLIAMS, Senior Circuit Judge:

In Freeman v. United States, ___ U.S. ___, 131 S.Ct. 2685, 180 L.Ed.2d 519 (2011), the Supreme Court held that the district court is not categorically barred from reducing a defendant's sentence under 18 U.S.C. § 3582(c)(2) where the defendant entered into a plea agreement pursuant to Federal Rule of Criminal Procedure 11(c)(1)(C). The decision was splintered, however...

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