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U.S. v. McLean

United States Court of Appeals, Third Circuit
Jul 27, 2009
339 F. App'x 148 (3d Cir. 2009)

Opinion

No. 08-2507.

Submitted Under Third Circuit LAR 34.1(a) July 13, 2009.

Filed: July 27, 2009.

Appeal from the United States District Court for the Middle District of Pennsylvania (D.C. Criminal No. 04-cr-00408-001), District Judge: Honorable Edwin M. Kosik.

Theodore B. Smith, III, Esq., Office of United States Attorney, Harrisburg, PA, for Appellant.

James A. Swetz, Esq., Cramer, Swetz McManus, Stroudsburg, PA, for Defendant-Appellee.

Before: RENDELL, FUENTES and ROTH, Circuit Judges.


OPINION OF THE COURT


This appeal raises a single issue: whether a district court may reduce a defendant's sentence under 18 U.S.C. § 3582(c)(2), the statutory provision allowing a court to reduce a sentence which is "based on a sentencing range that has subsequently been lowered by the Sentencing Commission," when that sentence is imposed pursuant to a binding plea agreement. Concluding that enforcement of the stipulated sentence was not required, the District Court reduced defendant John McLean's sentence; the government appealed. We conclusively resolved the issue in United States v. Sanchez, holding, "If 'binding' is to have meaning, it cannot be undone by the discretionary possibility of a different sentence under § 3582(c)." 562 F.3d 275, 282 (3d Cir. 2009).

The District Court had jurisdiction under 18 U.S.C. § 3231. We exercise jurisdiction pursuant to 28 U.S.C. § 1291.

Here, McLean stipulated to the sentence imposed in a binding plea agreement under Fed.R.Crim.P. 11(c)(1)(C), the validity of which is undisputed. Accordingly, we will REVERSE the order of the District Court and REMAND the case.


Summaries of

U.S. v. McLean

United States Court of Appeals, Third Circuit
Jul 27, 2009
339 F. App'x 148 (3d Cir. 2009)
Case details for

U.S. v. McLean

Case Details

Full title:UNITED STATES of America, Appellant v. John McLEAN

Court:United States Court of Appeals, Third Circuit

Date published: Jul 27, 2009

Citations

339 F. App'x 148 (3d Cir. 2009)