Gladney

MEMORANDUM *

Trause Gladney appeals the district court’s denial of his motion for a sentence reduction pursuant to 18 U.S.C. § 3582 (c)(2). We affirm.

1. We need not decide whether Gladney was entitled to a hearing on his motion for resentencing because his attorney waived any right to such a hearing by requesting that the motion be decided without oral argument. In matters of litigation tactics, a defendant is bound by his attorney’s waiver of his rights. See New York v. Hill, 528 U.S. 110, 114-15 , 120 S.Ct. 659 , 145 L.Ed.2d 560 (2000). Gladney contends that he initially waived a hearing only on the condition that the government did not oppose his request for a reduced sentence, but his attorney’s request that the court decide his motion without oral argument included no such condition.

2. Nor was it improper for the district court to deny Gladney’s motion without informing Gladney in advance that it intended to base its ruling on Gladney’s subsequent conviction for marijuana possession while in prison, a ground not raised by either party. Even in a full sentencing hearing, a district judge is required to notify the parties in advance only if the judge intends to depart from…