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United States v. Main

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Argued: May 11, 2009

Before WALKER and WALLACE,*fn1 Circuit Judges.*fn2

Defendant-Appellant Christopher Main appeals from a July 9, 2008 order of the United States District Court for the District of Vermont (Murtha, J.) denying his motion for a reduction of sentence pursuant to 18 U.S.C. § 3582(c)(2) and United States Sentencing Guidelines (“U.S.S.G.”) § 1B1.10, pursuant to which the sentencing ranges applicable to crack cocaine offenses were retroactively reduced. We hold that the district court was without authority to reduce Main’s sentence under section 3582(c) because the sentence was dictated by his plea agreement pursuant to Federal Rule of Criminal Procedure 11(c)(1)(C), and not the Guidelines related to crack cocaine. Accordingly, we affirm the district court’s denial of Main’s motion.

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