Docket No. 12-961-CR.

735 F.3d 86 (2013)

United States of America, Appellee, v. Mical BETHEA, aka Kareem, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: October 31, 2013.

Attorney(s) appearing for the Case

Michael L. Moscowitz , New Haven, CT, for Defendant-Appellant.

Christopher M. Mattei ( Sandra S. Glover , on the brief) for Deirdre M. Daly, Acting United States Attorney for the District of Connecticut, for Appellee.

Before: WINTER, JACOBS and STRAUB, Circuit Judges.


This appeal from the denial of a motion for sentencing modification in the United States District Court for the District of Connecticut (Bryant, J.) presents an issue as to what procedure a district court should follow under 18 U.S.C. § 3582(c).

Bethea pled guilty in June 2010 to a single count of cocaine distribution. The Presentence Report ("PSR") calculated a guidelines range of 60-71 months. At sentencing, in September 2010, Judge Bryant...

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