U.S. v. DRATH

No. 95-50625.

89 F.3d 216 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Thomas DRATH; Daniel Drath, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

July 12, 1996.


Attorney(s) appearing for the Case

Richard L. Durbin, Jr., Asst. U.S. Attorney, Office of the United States Attorney, San Antonio, TX, for plaintiff-appellee.

Thomas Drath, Pensacola, FL, pro se.

Before KING, JONES and DUHÉ, Circuit Judges.


DUHÉ, Circuit Judge:

Thomas and Daniel Drath moved separately under 18 U.S.C. § 3582(c)(2) for reduction of sentence based on a post-sentencing amendment to United States Sentencing Guidelines § 1B1.3. See United States Sentencing Commission, Guidelines Manual, App. C at 314-22 (Nov.1995) (hereinafter "U.S.S.G."). The district court held the amendment was not to be applied retroactively in the...

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