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United States First Circuit


US v. Hogan, 12-1039

The district court's denial of defendant's request to reduce his sentence for crack-cocaine related offenses, pursuant to the 2011 Sentencing Guidelines amendment is affirmed, where: 1) the district court did not err in concluding that defendant was ineligible to receive such a reduction; and 2) section 1B1.10(b)(2)(B) of the Sentencing Guidelines bars a district court from lowering a defendant's below-guideline sentence unless the departure at his original sentencing was based on his substantial assistance to the government.

Appellate Information

  • Decided 07/05/2013
  • Published 07/05/2013

Judges

  • THOMPSON

Court

  • United States First Circuit

Counsel

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