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United States Eighth Circuit


US v. Scurlark, 08-2404

Sentence for drug crimes is affirmed where the district court did not err in finding it lacked authority to modify defendant's crack sentence under 18 U.S.C. sec. 3582(c)(2) to reflect the crack cocaine amendments to the sentencing guidelines, as defendant had been sentenced under a binding court-approved plea agreement.

Appellate Information

  • Decided 03/26/2009
  • Published 03/26/2009

Judges

  • MELLOY, Circuit Judge., Before LOKEN, Chief Judge, MELLOY and BENTON, Circuit Judges.

Court

  • United States Eighth Circuit

Counsel

  • For Appellant:
  • Robert J. Shane, Minneapolis, MN, for appellant.

  • For Appellees:
  • Richard Newberry, AUSA, Minneapolis, MN, for appellee.
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