US v. Foster, No. 08-2344
Sentence for drug crimes is vacated and remanded where: 1) a criminal defendant should have access to the material on which the court will base its sentencing decision and an opportunity to respond to information that is prejudicial to the defendant's cause when the court is evaluating a motion under 18 U.S.C. sec. 3582(c)(2); and 2) the procedure employed by the court with respect to the motion for reduction was an abuse of discretion as the defendant was not provided with a copy of the probation office's memorandum regarding defendant's motion for reduction of sentence and was unable to answer the negative information in the memo.
Appeal from the United States District Court for the Eastern District of Missouri.
Submitted: April 15, 2009
Filed: August 14, 2009
Before LOKEN, Chief Judge, COLLOTON, Circuit Judge, and ROSENBAUM, District Judge.
Opinion by COLLOTON, Circuit Judge.