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U.S. v. SPRAGUE

No. 96-10348.

135 F.3d 1301 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Roderic E. SPRAGUE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided February 4, 1998.

Attorney(s) appearing for the Case

Denise Meyer (Project attorney), Dan Roberts and Greg Doll (student interns), Post-Conviction Justice Project, University of Southern California Law School, Los Angeles, CA, for defendant-appellant.

Miquel Rodriguez, Assistant United States Attorney, Sacramento, CA, for plaintiff-appellee.

Before: BROWNING and THOMPSON, Circuit Judges, and MOSKOWITZ, District Judge.

MOSKOWITZ, District Judge:

Appellant Roderic Sprague appeals from an order of the district court denying his motion under 18 U.S.C. § 3582(c)(2) for reduction of sentence. In Sprague's motion for reduction of sentence, he argued that Amendment 484 to the United States Sentencing Guidelines (November 1, 1993), which changed the law governing mixtures of controlled substances with other materials, was applicable to his sentence. The amendment excludes the weight...

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