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UNITED STATES of America, Plaintiff-Appellee, v. Tony MORRIS, Defendant-Appellant

United States Court of Appeals for the Seventh Circuit2012-06-11No. No. 11-2544
468 F. App'x 641

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Opinion

majority opinion

order

This appeal is a replay of United States v. Redd, 630 F.3d 649 (7th Cir.2011). Defendant asked for a reduction under a retroactive Guideline. The judge reduced the sentence, but not as much as Morris desired. He did not appeal. Several months later, Morris again asked the district judge for a lower sentence. Redd holds that this sequence is not permissible. Once a district judge resolves an application under § 3582(c)(2), the defendant can’t file another — and Redd holds that a motion for reconsideration filed after the time for appeal has expired must be treated as a fresh application. Morris’s second request, whether treated as a new motion or as a request for reconsideration, therefore was properly denied, and the district court’s decision is affirmed.