U.S. v. LEVAY

No. 94-20301.

76 F.3d 671 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Edward Charles LEVAY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 4, 1996.


Attorney(s) appearing for the Case

Robert A. Shults (Court-appointed), Houston, TX, for Appellant.

Paula C. Offenhauser, Asst. U.S. Atty., Gaynelle Griffin Jones, U.S. Atty., Houston, TX, for Appellee.

Before GARWOOD, SMITH and DENNIS, Circuit Judges.


DENNIS, Circuit Judge:

Edward Charles Levay ("Levay") appeals from the district court's order denying relief under either 18 U.S.C. § 3582 or 28 U.S.C. § 2255. Levay argues that the district court abused its discretion by refusing to recalculate his sentence in light of the Sentencing Commission's 1993 amendment to U.S.S.G. § 2D1.1.

Levay pleaded guilty to one count of conspiracy to manufacture in excess of 1000 grams of a mixture containing...

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