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Home / Opinions / Courts / 8th U.S. Circuit Court of Appeals / Criminal Law: Sentencing – Modification – Retroactivity

Criminal Law: Sentencing – Modification – Retroactivity

Where a defendant appealed a district court’s partial denial of his motion for a sentence reduction under 18 U.S.C. Section 3582(c)(2), challenging the decision not to make Amendment 742 retroactive, the court complied with the U.S. Sentencing Commission’s non-retroactivity determination and did not violate the defendant’s right to due process the Section 3582(c)(2) do not implicate a constitutionally protected liberty interest.

Judgment is affirmed.

U.S. v. Johnson (MLW No. 64588/Case No. 12-1226 – 11 pages) (U.S. Court of Appeals, 8th Circuit, Riley, C.J.) Appealed from U.S. District Court, Eastern District of Missouri, Sippel, J. (Scott F. Tilsen, Cape Girardeau, argued for appellant) (Allison Hart Behrens, St. Louis, argued for appellee).

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