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U.S. v. MULDROW

No. 15-7298, No. 15-7608.

844 F.3d 434 (2016)

UNITED STATES of America, Plaintiff-Appellee, v. William Henry MULDROW, a/k/a William Cooper, a/k/a Willie, a/k/a Fred Washington, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Luis Gomez, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: December 27, 2016.

Attorney(s) appearing for the Case

ARGUED: Sapna Mirchandani , Office of the Federal Public Defender, Greenbelt, Maryland, for Appellants. Sujit Raman , Office of the United States Attorney, Greenbelt, Maryland, for Appellee. ON BRIEF: James Wyda , Federal Public Defender, Office of the Federal Public Defender, Baltimore, Maryland, for Appellants. Rod J. Rosenstein , United States Attorney, Debra L. Dwyer , Assistant United States Attorney, Office of the United States Attorney, Baltimore, Maryland, for Appellee.

Affirmed by published opinion. Judge Duncan wrote the opinion, in which Judge Agee and Judge Hendricks joined.

Defendants William Henry Muldrow ("Muldrow") and Luis Gomez ("Gomez") challenge the district court's determination that the Guidelines commentary — as amended by United States Sentencing Guideline Amendment 759 ("Amendment 759") — requires a district court at resentencing to calculate the "applicable guideline...

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