S Ct Issue to Preserve---Crack

Supreme Court has granted cert in Dillon v. United States, No. 09–6338 (U.S. 2009).

Appellate court decision: 572 F.3d 146 (3rd Cir. 2009)

Cert granted on 12/7/2009

Issues:

I. Whether the Guidelines are binding when a district court imposes a new sentence under 18 U.S.C. § 3582;
II. Whether a § 3582(c)(2) sentencing is limited such that a district court must impose sentence based on an admittedly incorrectly calculated guideline range.

Have a great New Year!!!