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U.S. v. SYKES

No. 10-50399.

658 F.3d 1140 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Jerome SYKES, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 26, 2011.

Attorney(s) appearing for the Case

Sean K. Kennedy , Federal Public Defender, and Matthew B. Larsen , (argued), Deputy Federal Public Defender, Los Angeles, CA, for the defendant-appellant.

André Birotte Jr. , United States Attorney, Robert E. Dugdale , and David M. Herzog , (argued), Assistant United States Attorneys, Los Angeles, CA, for the plaintiff-appellee.

Before: ARTHUR L. ALARCÓN, DIARMUID F. O'SCANNLAIN, and BARRY G. SILVERMAN, Circuit Judges.

OPINION

ALARCÓN, Circuit Judge:

Jerome Sykes appeals from the district court's denial in part of his motion to reduce his sentence pursuant to 18 U.S.C. § 3582(c)(2). He contends that the district court's modification of his sentence to the 120-month mandatory minimum term pursuant to 21 U.S.C. § 841(b)(1)(A) constituted the application of a new sentence, in violation of Dillon v. United States, ___ U.S. ____, 130 S...

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