United States v. Malone
Opinion of the Court
The district court
Malone appeals, arguing that the district court should be allowed to resentence him below the Guidelines range. This court has previously rejected this argument. See United States v. Starks, 551 F.3d 839, 841-43 (8th Cir. 2009) (resentencing under section 3582(c)(2) is more narrow in scope than original sentencing proceedings; the limitation that resentencing courts “must not reduce the sentence of a defendant who was originally sentenced within the applicable guideline range to a term that is less than the minimum of the amended guideline range” is “constitutional and enforceable”) (internal citations omitted); United States v. Harris, 556 F.3d 887, 888 (8th Cir. 2009) (per curiam) (Starks forecloses the argument that the district court has authority to sentence him below the Guidelines range in a section 3582(c)(2) resentencing); United States v. Murphy,
The judgment is affirmed.
. The Honorable Paul A. Magnuson, United States District Judge for the District of Minnesota.
Reference
- Full Case Name
- United States v. Dennell MALONE
- Cited By
- 1 case
- Status
- Published