U.S. v. McHAN

No. 03-7781.

386 F.3d 620 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Charles William McHAN, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: October 22, 2004.


Attorney(s) appearing for the Case

ARGUED: David Benjamin Smith, English & Smith, Alexandria, Virginia, for Appellant. B. Frederic Williams, Jr., Office of he United States Attorney, Charlotte, North Carolina, for Appellee. ON BRIEF: Robert J. Conrad, Jr., United States Attorney, Thomas R. Ascik, Assistant United States Attorney, Office of the United States Attorney, Charlotte, North Carolina, for Appellee.

Before WIDENER, NIEMEYER, and LUTTIG, Circuit Judges.


Affirmed by published opinion. Judge LUTTIG wrote the opinion, in which Judge WIDENER and Judge NIEMEYER concurred.

OPINION

LUTTIG, Circuit Judge:

Appellant Charles William McHan appeals from the district court's denial of his motion, filed pursuant to title 18, section 3582(c)(2) of the United States Code, seeking resentencing under Amendment 645 of the United States Sentencing Guidelines. Because we hold that resentencing under Amendment 645 is...

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