Supreme Court of the United States

Freeman v. United States — Sotomayor, J., concurring

June 23, 2011131 S. Ct. 2685

Summary

Justice Sotomayor concurred in the judgment, agreeing that Freeman is eligible for sentence reduction under 18 U.S.C. § 3582(c)(2). She reasoned that a term of imprisonment under a Rule 11(c)(1)(C) agreement is based on the agreement itself, but if the agreement expressly uses a Guidelines sentencing range to establish the term, and that range is lowered, the defendant is eligible. She noted the dissent disagreed with this approach as arbitrary.