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United States Court of Appeals: Published
United States Court of Appeals: Published
No. 08-7715
No. 08-7728
COUNSEL
ARGUED: Matthew Segal, FEDERAL DEFENDERS OF
WESTERN NORTH CAROLINA, INC., Asheville, North
Carolina, for Appellants. Amy Elizabeth Ray, OFFICE OF
THE UNITED STATES ATTORNEY, Asheville, North Carolina, for Appellee. ON BRIEF: Claire J. Rauscher, Executive
Director, FEDERAL DEFENDERS OF WESTERN NORTH
CAROLINA, INC., Asheville, North Carolina; Cecilia Oseguera, Steven Slawinski, Charlotte, North Carolina, for Appellants. Gretchen C. F. Shappert, United States Attorney,
Charlotte, North Carolina, for Appellee.
OPINION
NIEMEYER, Circuit Judge:
In light of Amendment 706 to the Sentencing Guidelines,
which retroactively reduced the offense levels for crack
cocaine offenses, Larry Donnell Lindsey and Lonnie
DeWayne Robinson filed motions in the district court to
reduce their sentences, relying on 18 U.S.C. 3582(c)(2),
which authorizes a district court to reduce a sentence where
"a defendant . . . has been sentenced to a term of imprisonment based on a sentencing range that has subsequently been
lowered by the Sentencing Commission." (Emphasis added).
Both defendants sentences were based on sentencing ranges
determined under U.S.S.G. 2D1.1, which Amendment 706
amended, and both defendants sentences were reduced by the
district court under U.S.S.G. 5K1.1 for their substantial
Lindsey
10
11
12
13
14
15
16
Robinson
17
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