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U.S. v. DAVIS

No. 13-30133.

825 F.3d 1014 (2016)

UNITED STATES of America, Plaintiff-Appellee, v. Tyrone DAVIS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 13, 2016.

Attorney(s) appearing for the Case

Nathaniel Garrett (argued), San Francisco, California; Anna M. Tolin , Kirkland, Washington, for Defendant-Appellant.

Michael S. Morgan (argued), Assistant United States Attorney; Jenny A. Durkan , United States Attorney; United States Attorney's Office, Western District of Washington, Seattle, Washington; for Plaintiff-Appellee.

Nancy L. Talner , ACLU-WA Foundation, Seattle, Washington; Michael Filipovic , Federal Public Defender for the Western District of Washington, Seattle, Washington; Theresa M. DeMonte and Andrew R.W. Hughes , Calfo Harrigan Leyh & Eakes LLP, Seattle, Washington; Suzanne Lee Elliott , Co-Chair, WACDL Amicus Committee, Seattle, Washington; for Amici Curiae ACLU-WA, Federal Public Defender for the Western District of Washington, and WACDL.

Dissent by Judge Bea.

OPINION

In this case, we must consider how to interpret the Supreme Court's fractured opinion in Freeman v. United States, which addressed whether a defendant sentenced pursuant to a Federal Rule of Criminal Procedure 11(c)(1)(C) plea agreement is eligible for a sentence reduction under 18 U.S.C. § 3582...

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