U.S. v. BOYD

No. 12-2123.

721 F.3d 1259 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Travis Sean BOYD, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 15, 2013.


Attorney(s) appearing for the Case

Submitted on the briefs:*

Robert E. Kinney , Assistant Federal Public Defender, Las Cruces, New Mexico, for Defendant-Appellant.

Kenneth J. Gonzales , United States Attorney, and David N. Williams , Assistant United States Attorney, Albuquerque, New Mexico, for Plaintiff-Appellee.

Before HARTZ, BALDOCK, and HOLMES, Circuit Judges.


HARTZ, Circuit Judge.

Occasionally the United States Sentencing Commission revises a guideline to reduce the offense level for certain conduct and makes the change retroactive. Those sentenced under the old guideline can then seek reductions in their sentences. At resentencing, the district court recalculates the defendant's guideline range, replacing the provision used in the original sentencing with the revised provision but leaving "all other guideline application...

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