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U.S. v. TORRES

No. 96-2024.

99 F.3d 360 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. David H. TORRES, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 30, 1996.

Attorney(s) appearing for the Case

John J. Kelly, United States Attorney, Louis E. Valencia, Assistant United States Attorney, Albuquerque, NM, for Plaintiff-Appellee.

Joseph W. Gandert, Assistant Federal Public Defender, Albuquerque, NM, for Defendant-Appellant.

Before BRORBY, BARRETT, and EBEL, Circuit Judges.

BRORBY, Circuit Judge.

After appellant David Torres was sentenced for his marijuana-related convictions, the Sentencing Commission revised the applicable sentencing guideline and lowered the sentencing range. Seeking to benefit from the guideline change, Mr. Torres filed this motion for reduction of sentence under 18 U.S.C. § 3582(c)(2). Because Mr. Torres had been sentenced to the mandatory minimum sentence, and the requested sentence under the guideline change...

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