United States v. Tony Morris

U.S. Court of Appeals for the Seventh Circuit
United States v. Tony Morris, 468 F. App'x 641 (7th Cir. 2012)

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Unpublished