082344P.pdf   08/14/2009  United States  v.  Cameron Foster
   U.S. Court of Appeals Case No:  08-2344
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Colloton, Author, with Loken, Chief Judge, and Rosenbaum,
   District Judge]
   Criminal case - sentencing. Challenges to procedures used by the
   district court to adjudicate motions under 28 U.S.C. Sec. 3582(c)(2) are
   reviewed under an abuse of discretion standard; the basic right to be
   apprised of information on which the court will rest its decision should
   be incorporated into the procedures employed by a district court under
   Sec. 3582(c)(2); here, where 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, the matter should be remanded to give defendant an
   opportunity to review the memo and respond before the district court
   resolves the Sec. 3582(c)(2) motion.