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United States Eighth Circuit


US v. Garcia, 09-1662

Defendant's sentence for distribution of cocaine is affirmed where defendant was sentenced prior to Booker when the district court's authority to sentence a defendant below the Guidelines range was limited to departures set forth in U.S.S.G. Chapter 5K, and the Supreme Court declined in Dillon to extend Booker's reach to resentencings authorized by 18 U.S.C. section 3582(c)(2).

Appellate Information

  • Decided 07/01/2010
  • Published 07/01/2010

Judges

  • Charles N. Kornmann

Court

  • United States Eighth Circuit

Counsel

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