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U.S. v. JORDAN

No. 98-1113.

162 F.3d 1 (1998)

UNITED STATES of America, Appellee, v. Barry JORDAN, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided November 25, 1998.

Rehearing and Suggestion for Rehearing Denied December 30, 1998.

Attorney(s) appearing for the Case

George F. Gormley, with whom John D. Colucci, and Gormley & Colucci, P.C. were on brief, for appellant.

Henry T.A. Moniz, Assistant U.S. Attorney, with whom Donald K. Stern, U.S. Attorney, was on brief, for appellee.

Before BOUDIN, LYNCH, and LIPEZ, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied December 30, 1998.

LYNCH, Circuit Judge.

This case raises an issue of first impression about one aspect of the scope of a sentencing court's statutory jurisdiction to resentence when an amendment to the U.S. Sentencing Guidelines applies retroactively.

In 1991, Barry Jordan was sentenced to thirty years' imprisonment because he pled guilty to a conspiracy (and related crimes) to manufacture and...

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