Documente Academic
Documente Profesional
Documente Cultură
No. 12-7553
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte.
Frank D. Whitney,
District Judge. (3:05-cr-00097-FDW-2)
Submitted:
Decided:
PER CURIAM:
Dejuan
denying
his
18
Walker
appeals
U.S.C.
the
district
3582(c)(2)
courts
(2006)
motion
the
discretion.
2010).
denial
of
3582(c)(2)
motion
order
seeking
This court
for
abuse
of
its
exercise,
or
if
it
bases
its
exercise
of
DIRECTV,
Inc. v. Rawlins, 523 F.3d 318, 323 (4th Cir. 2008) (internal
quotation marks omitted).
Pursuant
to
3582(c)(2),
the
district
court
may
has
subsequently
Commission,
if
the
been
lowered
Guidelines
Guidelines
court
Manual
correctly
by
amendment
the
is
Sentencing
retroactively
1B1.10(c)
observed,
Walker
(2012).
was
As
subject
the
to
decisions
at
resentencing
in
2010
and
on
the
While
the
district
court
has
the
discretion
to
the
851
Notice
should
have
been
withdrawn
by
the
currently
comply.
in
therefore
the
record
vacate
the
indicates
district
that
he
courts
did
not
order
and
withdrawn
by
the
Government.
And,
if
it
should
have
been
in
States,
light
132
of
S.
the
Ct.
changes
2321,
wrought
2335
by
(2012)
Dorsey
v.
(holding
United
FSA
is
contentions
this
court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
VACATED AND REMANDED