Criminal Law-Fourth Circuit Allows § 3582(c)(2) Sentence Modification Under Rule 11 Plea Agreement to Specific Term-United States v. Dews, 551 F.3d 204 (4th Cir. 2008), reh’g en banc granted, No. 08-6458 (4th Cir. Feb. 20, 2009), reh’g dismissed as moot, No. 08-6458 (4th Cir. May 4, 2009)

Although their application is no longer mandatory, the United StatesSentencing Guidelines (USSG) still serve an important role in determining a defendant’s sentence after conviction and whether a trial judge will accept a negotiated plea agreement.  Once imposed, a judge can only reduce a defendant’s sentence for “extraordinary and compelling reasons,” including the subsequent lowering of the USSG range upon which the sentence was based, as per 18 U.S.C. § 3582(c)(2).  In United States v. Dews,  the United States Court of Appeals for the Fourth Circuit considered whether a sentence to a term of months imposed pursuant to a Rule 11 plea agreement is based on a USSG range for purposes of qualifying for reduction under § 3582(c)(2).  The Fourth Circuit held that when a Rule 11 plea to a term of imprisonment is negotiated by the parties and accepted by the court because it is within the applicable USSG range, a defendant may receive a sentence reduction in accordance with § 3582(c)(2). . .