United States Third Circuit

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US v. Barney, 11-2488

In a prosecution for possession with intent to distribute more than five grams of crack cocaine, in which the defendant was convicted and sentenced to 150 months' imprisonment, the district court's denial of a motion for sentence reduction is affirmed, where the district court correctly determined that the defendant's advisory guideline range was the range dictated by the Career Offender Guidelines, not the range set forth in the Crack Cocaine Guidelines, and therefore the defendant was not eligible for a sentence reduction under 18 USC section 3582(c).

Appellate Information

  • Decided 03/06/2012
  • Published 03/06/2012

Judges

  • Padova

Court

  • United States Third Circuit

Counsel

  • For Appellant:
  • Christopher O'Malley, Mark E. Coyne

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