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Armstrong v. United States: Eleventh Circuit Joins Sister Circuits in Holding a 18 U.S.C. § 3582(C) Sentence Reduction Does Not Constitute a De Novo Resentencing

Stephanie Lynge*

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In Armstrong v. United States, the U.S. Court of Appeals for the Eleventh Circuit addressed whether a sentence reduction pursuant to 18 U.S.C. § 3582(c) constitutes a new, intervening judgment and thus acts as a de novo resentencing. If the court held that § 3582(c) did in fact constitute a de novo resentencing, then the appellant potentially would not have been barred from bringing his second or successive 28 U.S.C. § 2255 habeas petition. Although surrounding sister circuits had considered this same question, Armstrong was the Eleventh Circuit’s first opportunity. Therefore, the Armstrong decision provides a unique glimpse into the court’s analysis regarding a case of first impression within its circuit.

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