United States v. Lashawn Dante Troup, 11th Cir. (2009)
United States v. Lashawn Dante Troup, 11th Cir. (2009)
ELEVENTH CIRCUIT
APRIL 28, 2009
THOMAS K. KAHN
CLERK
Plaintiff-Appellee,
versus
LASHAWN DANTE TROUP,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Middle District of Florida
_________________________
(April 28, 2009)
Before BIRCH, HULL and FAY, Circuit Judges.
PER CURIAM:
The governments motion to dismiss this appeal due to a valid appeal waiver
contained in Troups plea agreement is DENIED.
The district court did not err in finding that Booker and Kimbrough did not
authorize it to sentence Troup below the amended guidelines. See United States v.
Melvin, No. 08-13497, man. op. at 7 (11th Cir. Feb. 3, 2009) (holding that Booker
and Kimbrough do not apply at resentencing proceedings under 3582(c)(2)).
Additionally, the district court did not plainly err by not sua sponte finding
3582(c)(2) ambiguous, or by not declaring 1B1.10 invalid, as neither we nor
the Supreme Court have held 3582(c)(2) ambiguous or declared 1B1.10
invalid. See Chau, 426 F.3d at 1322. Accordingly, we affirm.
AFFIRMED.