No. 96-1735.

140 F.3d 488 (1998)

UNITED STATES of America, v. Freddie MARMOLEJOS, Appellant.

United States Court of Appeals, Third Circuit.

Decided April 2, 1998.

Attorney(s) appearing for the Case

Stephen Robert LaCheen, Anne M. Dixon (argued), Philadelphia, PA, for Appellant.

Walter S. Batty, Jr., Amy L. Kurland (argued), Office of the U.S. Atty., Philadelphia, PA, for Appellee.

Before: SCIRICA, ROTH, and RENDELL, Circuit Judges.


RENDELL, Circuit Judge:

This appeal raises the issue of whether the defendant, Freddie Marmolejos, is entitled to relief under 28 U.S.C. § 2255 and resentencing by the district court, in light of a post-sentencing amendment to the application notes to § 2D1.1 of the United States Sentencing Guidelines. Because we hold that the amendment clarified the existing application note, rather than effecting a substantive change in the...

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