USA v. Stephen Golden

Filing 1

Opinion

NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed.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 September 24, 2009 Decided November 12, 2009 Before WILLIAM J. BAUER, Circuit Judge JOEL M. FLAUM, Circuit Judge DIANE P. WOOD, Circuit Judge

UNITED STATES OF AMERICA, Plaintiff-Appellee, No. 09-1349 v.

STEPHEN GOLDEN, Defendant-Appellant.

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Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. No. 2:94-cr-00086-RL-1 Rudy Lozano, Judge.

O R D E R A § 3582(c)(2) request for sentence modification is discretionary, United States v. Cunningham, 554 F.3d 703, 707 (7th Cir. 2009), even for defendant Stephen Golden whose Guideline range was lowered to 360 months to life from a range of life, and despite Golden's argument to the contrary a district judge is permitted to have a sentence alone which is what the judge did in Golden's case. Id. The district judge did not abuse his discretion in handling Golden's § 3582(c)(2) motion. And, like his decision whether to grant a sentence reduction, the district judge's decision not to conduct a hearing is committed to his discretion. United States v. Young, 555 F.3d 611, 615 (7th Cir. 2009). AFFIRMED.