United States Third Circuit

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US v. Flemming, 12-1118

The district court properly denied defendant's motion for resentencing pursuant to the lowered crack-cocaine guidelines issued by the Sentencing Commission under the Fair Sentencing Act of 2010, where: 1) defendant was designated as a career offender; 2) defendant was granted a downward departure from that designation pursuant to U.S.S.G. section 4A1.3; and 3) the Guidelines' definition of "applicable guideline range," makes clear that such defendants are not eligible for resentencing.

Appellate Information

  • Decided 07/22/2013
  • Published 07/22/2013




  • United States Third Circuit


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