USA v. Charles Woods

Filing 1

Opinion

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NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Submitted February 9, 2009 Decided February 19, 2009 Before WILLIAM J. BAUER, Circuit Judge RICHARD A. POSNER, Circuit Judge KENNETH F. RIPPLE, Circuit Judge No. 083610 UNITED STATES OF AMERICA, PlaintiffAppellee, v. CHARLES WOODS, DefendantAppellant. Appeal from the United States District Court for the Central District of Illinois. No. 1:00cr10089MMMJAG1 Michael M. Mihm, Judge. O R D E R This court has carefully reviewed the final order of the district court, the record on appeal, and the briefs filed by the parties. Based on this review, the court has determined that this case raises the purely legal issue of whether a district court, when considering a sentence reduction pursuant to 18 U.S.C. 3582(c)(2), has the authority to reduce a defendant's sentence below the retroactively amended Guidelines range based on Booker. For the reasons recently articulated in United States v. Cunningham, Nos. 082901 and 082931, 2009 WL 249886 (7th Cir. Feb. 4, 2009), we hold that it does not. Accordingly, IT IS ORDERED that the order of the district court is summarily AFFIRMED.

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