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U.S. v. EVANS

No. 08-41259.

587 F.3d 667 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Mark Anthony EVANS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 5, 2009.

Attorney(s) appearing for the Case

James Lee Turner, Asst. U.S. Atty., Houston, TX, for U.S.

Marjorie A. Meyers, Fed. Pub. Def., H. Michael Sokolow, Asst. Fed. Pub. Def., Houston, TX, for Defendant-Appellant.

Before JONES, Chief Judge, and SMITH and DeMOSS, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Mark Evans moved under 18 U.S.C. § 3582(c)(2) to reduce his sentence based on the retroactive amendment of the crack cocaine offense levels. The district court granted the motion but imposed a sentence at the high end of the new sentencing range. On appeal, Evans argues (1) that the mandatory provisions of United States Sentencing Guidelines ("U.S.S.G.") section 1B1.10 cabined the district court's sentencing discretion in violation...

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