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HAMILTON v. U.S.

No. 94-56095.

67 F.3d 761 (1995)

Oran Edward HAMILTON, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 5, 1995.

Attorney(s) appearing for the Case

Michael J. Brennan, Post Conviction Justice Project, University of Southern California, Los Angeles, California, for the petitioner-appellant.

Stephen J. McConnell, Assistant United States Attorney, Los Angeles, California, for the respondent-appellee.

Before: FARRIS and O'SCANNLAIN, Circuit Judges; TASHIMA, District Judge.

O'SCANNLAIN, Circuit Judge:

We must determine whether a court, in resentencing a defendant pursuant to a retroactive amendment to the Sentencing Guidelines, must apply the Guidelines in effect at the time of the resentencing or those in effect at the time of the offense.

I

In October 1989, an agent of the Bureau of Alcohol, Firearms and Tobacco discovered that Oran Hamilton had purchased a Mossberg 12-gauge shotgun earlier that month from Western...

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