U.S. v. NOVEY

No. 95-6249.

78 F.3d 1483 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Charles Antoin NOVEY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

March 15, 1996.


Attorney(s) appearing for the Case

Susan M. Otto, Federal Public Defender, Oklahoma City, Okla., for Defendant/Appellant.

Frank Michael Ringer, Assistant United States Attorney, Oklahoma City, Okla. (Patrick M. Ryan, United States Attorney, with him on the brief), for Plaintiff/Appellee.

Before SEYMOUR, Chief Judge, EBEL and BRISCOE, Circuit Judges.


EBEL, Circuit Judge.

This appeal from the denial of Charles Novey's petition to reduce his sentence implicates the authority of the United States Sentencing Commission to enact Amendment 506, which amended the commentary to United States Sentencing Guideline § 4B1.1 to reduce the penalty for career offenders. For the reasons stated below, we hold that the Commission exceeded its authority in enacting Amendment 506, and we AFFIRM the district court.

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