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U.S. v. MUN

No. 93-30286.

41 F.3d 409 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Kyung Hwan MUN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

July 18, 1994.

As Amended December 19, 1994.

Attorney(s) appearing for the Case

Stephen R. Sady, Chief Deputy Federal Public Defender, Portland, OR, for defendant-appellant.

Jeffrey J. Kent, Asst. U.S. Atty., Eugene, OR, for plaintiff-appellee.

Before: SCHROEDER, BOOCHEVER, and BRUNETTI, Circuit Judges.

BOOCHEVER, Circuit Judge:

Kyung Hwan Mun appeals the district court's denial of his motion for reduction of his sentence pursuant to 18 U.S.C. § 3582(c)(2) (1988) or, in the alternative, to set aside his sentence for relief under 28 U.S.C. § 2255 (1988). Mun argues that the district court erred when it found that Braxton v. United States, 500 U.S. 344, 111 S.Ct. 1854, 114 L.Ed.2d 385 (1991), did not affect the court...

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