Alimamy Barrie v. United States
HabeasCorpus Jurisdiction
Whether the petitioner is eligible for resentencing under 18 U.S.C. §3582(c)(2) when amendments relevant to the case were enacted by the Sentencing Commission during the pendency of the direct appeal
Questions Presented for Review A. Whether Under 18 U.S.C. §3582 (C) (2) should the Petitioner be eligible for a resentencing when two clariying amendments relevent to his case was enacted by the Sentencing Commission during the pendency of his direct appeal when such is consistent with applicable policy . statement issued by the Sentencing Commission : under U.S.S.G. 1bl.11 (b) (2) but not listed under 1b1.10 as some circuits have held. . B. Whether under 18 U.S.C. § 3582 (C)(2) is the Petitioner eligible for a sentence reduction based on a sentencing range that has subsequently been lowered by the Sentencing Commission during : . the pendency of his direct appeal when the . amendment is not listed under U.S.S.G. 1b1.10. (ii) II.