United States v. Redd, 630 F.3d 649 (7th Cir. 2011). · Go Syfert
United States v. Redd, 630 F.3d 649 (7th Cir. 2011). Cases Citing This Book View Copy Cite
89 citation events (89 in the last 25 years) across 7 distinct courts.
Strongest positive: United States v. J. L. Houston (ca7, 2020-02-24)
Treatment trajectory · 2011 → 2026 · click a year to view as-of
2011 2018 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) United States v. J. L. Houston
7th Cir. · 2020 · quote attribution · 1 verbatim quote · confidence high
only a motion filed within the time for appeal acts as a genuine request for reconsideration.
discussed Cited as authority (verbatim quote) United States v. J. L. Houston
7th Cir. · 2020 · quote attribution · 1 verbatim quote · confidence high
only a motion filed within the time for appeal acts as a genuine request for reconsideration.
discussed Cited as authority (verbatim quote) United States v. J. L. Houston
7th Cir. · 2020 · quote attribution · 1 verbatim quote · confidence high
only a motion filed within the time for appeal acts as a genuine request for reconsideration.
cited Cited as authority (rule) United States v. Pao Xiong
7th Cir. · 2021 · confidence medium
P. 4(b)(1)(A); United States v. Redd, 630 F.3d 649, 650 (7th Cir. 2011).
discussed Cited as authority (rule) United States v. Alex Guerrero
7th Cir. · 2020 · confidence medium
Second, the court held that Guerrero’s motion, essentially again seeking a sentence reduction under Amendment 782, was barred as an impermissible successive motion under § 3582(c)(2), as we interpreted it in United States v. Beard, 745 F.3d 288, 292 (7th Cir. 2014), quoting United States v. Redd, 630 F.3d 649, 651 (7th Cir. 2011).
discussed Cited as authority (rule) United States v. Alex Guerrero
7th Cir. · 2020 · confidence medium
Second, the court held that Guerrero’s motion, essentially again seeking a sentence reduction under Amendment 782, was barred as an impermissible successive motion under § 3582(c)(2), as we interpreted it in United States v. Beard, 745 F.3d 288, 292 (7th Cir. 2014), quoting United States v. Redd, 630 F.3d 649, 651 (7th Cir. 2011).
cited Cited as authority (rule) United States v. Larry Cochran
7th Cir. · 2019 · confidence medium
United States v. Redd, 630 F.3d 649, 650 (7th Cir. 2011).
cited Cited as authority (rule) United States v. Larry Cochran
7th Cir. · 2019 · confidence medium
United States v. Redd, 630 F.3d 649, 650 (7th Cir. 2011).
cited Cited as authority (rule) United States v. Scott A. Kuehn
7th Cir. · 2019 · confidence medium
United States v. Redd, 630 F.3d 649, 650 (7th Cir. 2011).
cited Cited as authority (rule) United States v. Scott A. Kuehn
7th Cir. · 2019 · confidence medium
United States v. Redd, 630 F.3d 649, 650 (7th Cir. 2011).
cited Cited as authority (rule) United States v. Hagop Demirjian
7th Cir. · 2018 · confidence medium
See United States v. Beard, 745 F.3d 288, 292 (7th Cir. 2014); United States v. Redd, 630 F.3d 649, 651 (7th Cir. 2011).
cited Cited as authority (rule) United States v. Hagop Demirjian
7th Cir. · 2018 · confidence medium
See United States v. Beard, 745 F.3d 288, 292 (7th Cir. 2014); United States v. Redd, 630 F.3d 649, 651 (7th Cir. 2011).
cited Cited as authority (rule) United States v. Archie Bradfield
7th Cir. · 2017 · confidence medium
P. 4(b); United States v. Beard, 745 F.3d 288, 292 (7th Cir. 2014); United States v. Redd, 630 F.3d 649, 651 (7th Cir. 2011).
cited Cited as authority (rule) United States v. Bradfield
7th Cir. · 2017 · confidence medium
App. P. 4(b); United States v. Beard, 745 F.3d 288, 292 (7th Cir. 2014); United States v. Redd, 630 F.3d 649, 651 (7th Cir. 2011).
cited Cited as authority (rule) United States v. Turner
7th Cir. · 2017 · confidence medium
United States v. Beard, 745 F.3d 288, 292 (7th Cir. 2014); United States v. Redd, 630 F.3d 649, 651 (7th Cir. 2011).
cited Cited as authority (rule) United States v. Justin Turner
7th Cir. · 2017 · confidence medium
United States v. Beard, 745 F.3d 288, 292 (7th Cir. 2014); United States v. Redd, 630 F.3d 649, 651 (7th Cir. 2011).
discussed Cited as authority (rule) Virgin Islands Taxi Ass'n v. Virgin Islands Port Authority
virginislands · 2017 · confidence medium
See Stoufflet v. United States, 757 F.3d 1236, 1241 (11th Cir. 2014) (characterizing the law-of-the-case doctrine as a “common-law doctrine”); Alaimalo v. United States, 645 F.3d 1042, 1049 (9th Cir. 2011) (same); United States v. Redd, 630 F.3d 649, 651 (7th Cir. 2011) (same); Greene v. Rothschild, 68 Wn.2d 1 , 414 P.2d 1013 , 1014 (1966) (same).
discussed Cited as authority (rule) United States v. John Wysinger
7th Cir. · 2017 · confidence medium
Based on decisions like United States v. Redd, 630 F.3d 649, 651 (7th Cir. 2011), Wysinger had no right to relief under a successive motion for a sentence reduction, so we affirm. * We have agreed to decide the case without oral argument because the briefs and record adequately present the facts and legal arguments, and oral argument would not significantly aid the court.
cited Cited as authority (rule) United States v. Wysinger
7th Cir. · 2017 · confidence medium
Based on decisions like United States v. Redd, 630 F.3d 649, 651 (7th Cir. 2011), Wysinger had no right to relief under a successive motion for a sentence reduction, so we affirm.
cited Cited as authority (rule) United States v. Eddie Bell
7th Cir. · 2017 · confidence medium
See United States v. Beard, 745 F.3d 288 , 290–92 (7th Cir. 2014); United States v. Redd, 630 F.3d 649, 651 (7th Cir. 2011).
cited Cited as authority (rule) United States v. Bell
7th Cir. · 2017 · confidence medium
See United States v. Beard, 745 F.3d 288, 290-92 (7th Cir. 2014); United States v. Redd, 630 F.3d 649, 651 (7th Cir. 2011).
discussed Cited as authority (rule) United States v. Anthony Simmons
7th Cir. · 2017 · confidence medium
Because Simmons did not file his motion to reconsider within fourteen days of the district court’s underlying decision, it is in substance another motion for a new trial, see Beard, 745 F.3d at 291 ; United States v. Redd, 630 F.3d 649, 650 (7th Cir. 2011), which if based on newly discovered evi *524 dence had to be filed within three years of the jury’s verdict, see Fed.
discussed Cited as authority (rule) United States v. Tyree Neal, Sr.
7th Cir. · 2016 · confidence medium
See Suggs v. United States, 705 F.3d 279, 281 (7th Cir.2013); United States v. Redd, 630 F.3d 649, 650-51 (7th Cir.2011); Romandine v. United States, 206 F.3d 731, 734-35 (7th Cir.2000); United States v. Vilar, 645 F.3d 543, 546 (2d Cir.2011); United States v. Blackwell, 81 F.3d 945, 947-48 (10th Cir.1996).
discussed Cited as authority (rule) United States v. Townsend (2×) also: Cited "see"
7th Cir. · 2014 · confidence medium
E.g., United States v. Redd, 630 F.3d 649, 650 (7th Cir.2011) (finding motion for reconsideration of sentence “ineffectual” as a common-law motion because it was not timely); see also United States v. Beard, 745 F.3d 288, 291 (7th Cir.2014) (same).
discussed Cited as authority (rule) United States v. Louis Townsend (2×) also: Cited "see"
7th Cir. · 2014 · confidence medium
E.g., United States v. Redd, 630 F.3d 649, 650 (7th Cir. 2011) (finding motion for reconsideration of sentence “ineffectual” as a common-law motion because it was not timely); see also United States v. Beard, 745 F.3d 288, 291 (7th Cir. 2014) (same).
cited Cited as authority (rule) United States v. Gregory Brown
7th Cir. · 2014 · confidence medium
See United States v. Beard, 745 F.3d 288, 292 (7th Cir.2014); United States v. Redd, 630 F.3d 649, 650-51 (7th Cir.2011).
cited Cited as authority (rule) United States v. Blue
7th Cir. · 2014 · confidence medium
But the district judges, relying on United States v. Redd, 630 F.3d 649, 651 (7th Cir.2011), denied their new motions as successive and, thus, unauthorized.
cited Cited as authority (rule) United States v. Herman Blue
7th Cir. · 2014 · confidence medium
But the district judges, relying on United Nos. 13‐2680 & 13‐2686 Page 3 States v. Redd, 630 F.3d 649, 651 (7th Cir. 2011), denied their new motions as successive and, thus, unauthorized.
discussed Cited as authority (rule) United States v. Duricco Johnson
7th Cir. · 2014 · confidence medium
First, the court found that United States v. Redd prohib‐ ited Johnson’s motion as a second or successive § 3582(c)(2) motion based on the same Sentencing Guidelines amendment. 630 F.3d 649, 651 (7th Cir. 2011).
discussed Cited as authority (rule) United States v. Duricco Johnson
7th Cir. · 2014 · confidence medium
First, the court found that United States v. Redd prohibited Johnson’s motion as a sec *917 ond or successive § 3582(c)(2) motion based on the same Sentencing Guidelines amendment. 630 F.3d 649, 651 (7th Cir.2011).
discussed Cited as authority (rule) United States v. Rodolfo Trujillo
9th Cir. · 2013 · confidence medium
United States v. Redd, 630 F.3d 649, 651 (7th Cir.2011); United States v. Goodwyn, 596 F.3d 233, 236 (4th Cir.2010); see also United States v. Randall, 666 F.3d 1238 , 1242-43 & n. 6 (10th Cir.2011) (upholding denial of untimely motion for reconsideration of order denying § 3582(c)(2) relief, but under abuse of discretion standard).
discussed Cited as authority (rule) United States v. Jones
D.D.C. · 2013 · confidence medium
United States v. Randall, 666 F.3d 1238, 1242 (10th Cir.2011); United States v. Redd, 630 F.3d 649, 650 (7th Cir.2011); see also F.R.App.
cited Cited as authority (rule) United States v. Lewis
D.D.C. · 2013 · confidence medium
Um`ted Sz‘ates v. Randall, 666 F.3d 1238, 1242 (lOth Cir. 2011); Unz'ted States v. Redd, 630 F.3d 649, 650 (7th Cir. 2011); see also F. R.
discussed Cited as authority (rule) United States v. Kevin Weatherspoon (2×) also: Cited "see"
3rd Cir. · 2012 · confidence medium
See United States v. Randall, 666 F.3d 1238, 1242-43 (10th Cir.2011); United States v. Redd, 630 F.3d 649, 651 (7th Cir.2011); United States v. Goodwyn, 596 F.3d 233, 236 (4th Cir.2010); United States v. Escobar-Urrego, 110 F.3d 1556, 1560 (11th Cir.1997).
cited Cited "see" United States v. Wilfredo Barrios
7th Cir. · 2021 · signal: see · confidence high
See United States v. Redd, 630 F.3d 649, 650 (7th Cir. 2011).
cited Cited "see" United States v. Barnes
7th Cir. · 2016 · signal: see · confidence high
See United States v. Redd, 630 F.3d 649, 651 (7th Cir. 2011).
cited Cited "see" United States v. Marlyn Barnes
7th Cir. · 2016 · signal: see · confidence high
See United States v. Redd, 630 F.3d 649, 651 (7th Cir. 2011).
cited Cited "see" United States v. Giovanni Collazo-Santiago
7th Cir. · 2016 · signal: see · confidence high
See United States v. Redd, 630 F.3d 649, 650 (7th Cir.2011).
discussed Cited "see" United States v. Beard (2×)
7th Cir. · 2014 · signal: see · confidence high
See United States v. Redd, 630 F.3d 649, 650 (7th Cir.2011) (applying the 14-day rule to a motion to reconsider a ruling under § 3582(c)(2)).
cited Cited "see" United States v. Marlon Beard
7th Cir. · 2014 · signal: see · confidence high
See United States v. Redd, 630 F.3d 649, 650 (7th Cir. 2011) (applying the 14‐day rule to a motion to reconsider a ruling under § 3582(c)(2)).
cited Cited "see" United States v. Anderson
7th Cir. · 2013 · signal: see · confidence high
See United States v. Redd, 630 F.3d 649, 651 (7th Cir.2011).
cited Cited "see" United States v. Dexter Anderson
7th Cir. · 2013 · signal: see · confidence high
See United States v. Redd, 630 F.3d 649, 651 (7th Cir. 2011).
discussed Cited "see" United States v. Morales (2×)
7th Cir. · 2013 · signal: see · confidence high
See United States v. Redd, 630 F.3d 649, 650 (7th Cir.2011); United States v. Rollins, 607 F.3d 500, 504 (7th Cir.2010).
discussed Cited "see" United States v. Mario Morales (2×)
7th Cir. · 2013 · signal: see · confidence high
See United States v. Redd, 630 F.3d 649, 650 (7th Cir. 2011); United States v. Rollins, 607 F.3d 500, 504 (7th Cir. 2010).
cited Cited "see" United States v. Antonyo Stephens
7th Cir. · 2013 · signal: see · confidence high
See United States v. Redd, 630 F.3d 649, 651 (7th Cir. 2011).
cited Cited "see" United States v. Stephens
7th Cir. · 2013 · signal: see · confidence high
See United States v. Redd, 630 F.3d 649, 651 (7th Cir.2011).
cited Cited "see" United States v. Anthony Alexander
7th Cir. · 2013 · signal: see · confidence high
See United States v. Redd, 630 F.3d 649 (7th Cir.2011).
cited Cited "see" United States v. Donte Roberts
7th Cir. · 2013 · signal: see · confidence high
See United States v. Redd, 630 F.3d 649, 651 (7th Cir. 2011); United States v. Taylor, 627 F.3d 674, 675 (7th Cir. 2010).
cited Cited "see" United States v. Roberts
7th Cir. · 2013 · signal: see · confidence high
See United States v. Redd, 630 F.3d 649, 651 (7th Cir.2011); United States v. Taylor, 627 F.3d 674, 675 (7th Cir.2010).
discussed Cited "see" United States v. Wallace Gaither
4th Cir. · 2012 · signal: see · confidence high
Goodwyn, 596 F.3d at 236 ; see United States v. Redd, 630 F.3d 649, 651 (7th Cir.2011) (“Neither the text of § 3582(c)(2) nor the language of Amendment 712 suggests that prisoners are entitled to more than one opportunity to request a lower sentence, for any given change in the Guideline range.”).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Timothy REDD, Defendant-Appellant
09-3799.
Court of Appeals for the Seventh Circuit.
Jan 4, 2011.
630 F.3d 649
Dean R. Lanter (submitted), Attorney, Office of the United States Attorney, Hammond, IN, for Plaintiff-Appellee., Timothy Redd, Federal Correctional Institution, Pekin, IL, pro se.
Easterbrook, Posner, Wood.
Cited by 65 opinions  |  Published
EASTERBROOK, Chief Judge.

Timothy Redd was convicted in 2005 of distributing crack cocaine and was sentenced to 405 months’ imprisonment. In 2007 the Sentencing Commission reduced the Guideline ranges for crack offenses (Amendment 706, effective November 1, 2007). The next year it made that change retroactive (Amendment 712, effective March 3, 2008). This allowed prisoners whose ranges had been affected by the change to seek lower sentences under 18 U.S.C. § 3582(c)(2). See Dillon v. United States, — U.S.-, 130 S.Ct. 2683, 177 L.Ed.2d 271 (2010). Redd swiftly took advantage of this opportunity, and the district judge reduced his sentence to 327 months. Redd did not appeal.

Ten months later, he filed in the district court a document styled “Motion for Reconsideration or Alternatively Renewed Motion for Modification of Sentence.” Redd contended that the judge had not given him as great a reduction as the law warranted. The judge denied this motion, and Redd has appealed.

As a motion for reconsideration, the document that Redd filed in the district court was ineffectual. Only a motion filed within the time for appeal acts as a genuine request for reconsideration. United States v. Healy, 376 U.S. 75, 77-78, 84 S.Ct. 553, 11 L.Ed.2d 527 (1964). See also United States v. Rollins, 607 F.3d 500, 504 (7th Cir.2010). Redd had 10 days to appeal; he took 30 times that long to file his motion. (An amendment to Fed. R.App. P. 4(b) effective December 1, 2009, increases the time to 14 days; it does not affect Redd’s situation.) The document therefore was what the second half of its caption called it: a new motion for a lower sentence under § 3582(c)(2).

Until the Sentencing Reform Act of 1984, district judges could reduce any sentence within 120 days of the final appellate decision. See United States v. Addonizio, 442 U.S. 178, 187-88, 99 S.Ct. 2235, 60 L.Ed.2d 805 (1979) (describing the former approach). The 1984 Act converted the federal system to one of determinate sentences. District judges lost any continuing authority over sentences, see 18 U.S.C. § 3582(c) (“The court may not modify a term of imprisonment once it has been imposed”); United States v. Smith, 438 F.3d 796 (7th Cir.2006), subject to two general exceptions stated in Fed.R.Crim.P.[*651] 35, which was amended as part of the legislation. One exception is the power to fix an arithmetical, technical, or other clear error within 14 days. See Rule 35(a) and § 3582(c)(1)(B). The second is the power to reduce a sentence on the prosecutor’s motion, if the defendant provides substantial assistance after the sentence is imposed. See Rule 35(b) and § 3582(c)(1)(A). The only other exception is § 3582(c)(2), which depends on a decision by the Sentencing Commission to make retroactive a reduction in a Guideline range — and the district judge’s authority is limited to implementing the Commission’s changes. A decision under an amended Guideline is not a full resentencing. Dillon explains how this works.

Redd treats § 3582(c)(2) as if it countermanded the basic determinate-sentence system and bestowed on district judges a continuing power to adjust sentences — a power that would last indefinitely, unlike the older system limiting that power to 120 days after the final appellate decision. Neither the text of § 3582(c)(2) nor the language of Amendment 712 suggests that prisoners are entitled to more than one opportunity to request a lower sentence, for any given change in the Guideline range. Once the district judge makes a decision, Rule 35 applies and curtails any further power of revision, unless the Commission again changes the Guidelines and makes that change, too, retroactive.

Only one other circuit has addressed this subject in a published opinion. It held that the doctrine of law of the case usually forecloses successive requests for lower sentences. See United States v. Escobar-Urrego, 110 F.3d 1556, 1560-61 (11th Cir. 1997), relying on Christianson v. Colt Industries Operating Corp., 486 U.S. 800, 815-18, 108 S.Ct. 2166, 100 L.Ed.2d 811 (1988). The eleventh circuit did not discuss either Rule 35 or the norm from § 3582(c) that “[t]he court may not modify a term of imprisonment once it has been imposed”. We think it best to stick with the statute rather -than apply a common-law doctrine such as law of the case.

Redd let the time for reconsideration or appeal of the district judge’s resentencing expire without action. He could not use a new § 3582(c)(2) motion to obtain a fresh decision — or to take what amounts to a belated appeal of the original decision. The judgment of the district court denying the successive § 3582(c)(2) motion therefore is

Affirmed.