U.S. v. DOUGLAS

No. 94-3913.

64 F.3d 450 (1995)

UNITED STATES of America, Appellee, v. Frederick DOUGLAS, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided September 5, 1995.


Attorney(s) appearing for the Case

Leslie E. Stokke, Cedar Rapids, IA, argued, for appellant.

Timothy Jarman, Asst. U.S. Atty., Sioux City, IA, argued (Daniel Tvedt, Asst. U.S. Atty., on the brief), for appellee.

Before WOLLMAN, Circuit Judge, ROSS, Senior Circuit Judge, and MORRIS SHEPPARD ARNOLD, Circuit Judge.


WOLLMAN, Circuit Judge.

In this Sentencing Guidelines case, Frederick Douglas argues that a beneficial amendment designated by the Sentencing Commission for retroactive use should be applied to him on resentencing. The district court refused to apply the amendment retroactively, holding that the change was substantive rather than clarifying. We disagree, and we remand for further proceedings.

Before November 1991, we held that being a felon in possession of...

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