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U.S. v. KENNEDY

No. 12-3003.

722 F.3d 439 (2013)

UNITED STATES of America, Appellee v. Andrew KENNEDY, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided July 12, 2013.

Attorney(s) appearing for the Case

Tony Axam Jr. , Assistant Federal Public Defender, argued the cause for appellant. With him on the briefs was A.J. Kramer , Federal Public Defender.

Jay Apperson , Assistant U.S. Attorney, argued the cause for appellee. With him on the brief were Ronald C. Machen Jr. , U.S. Attorney, and Elizabeth Trosman , Suzanne Grealy Curt , and Robert Okun , Assistant U.S. Attorneys.

Opinion for the Court filed by Circuit Judge GRIFFITH.

GRIFFITH, Circuit Judge:

More than twenty years after his conviction for trafficking crack cocaine, Andrew Kennedy now claims, for the first time, that the judge who sentenced him failed to determine the quantity of drugs he possessed. Kennedy raises this claim in a proceeding to reduce his sentence under 18 U.S.C. § 3582(c)(2). We conclude that the district court did not err when it refused to revisit this settled factual finding.

I

Kennedy...

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