United States v. Tony Morris
United States v. Tony Morris
Opinion
order
This appeal is a replay of United States v. Redd, 630 F.3d 649 (7th Cir. 2011). Defendant asked for a reduction under a retroactive Guideline. The judge reduced the sentence, but not as much as Morris desired. He did not appeal. Several months later, Morris again asked the district judge for a lower sentence. Redd holds that this sequence is not permissible. Once a district judge resolves an application under § 3582(c)(2), the defendant can’t file another — and Redd holds that a motion for reconsideration filed after the time for appeal has expired must be treated as a fresh application. Morris’s second request, whether treated as a new motion or as a request for reconsideration, therefore was properly denied, and the district court’s decision is affirmed.
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff-Appellee, v. Tony MORRIS, Defendant-Appellant
- Status
- Unpublished