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U.S. v. HURLEY

No. 03-2355.

374 F.3d 38 (2004)

UNITED STATES, Appellee, v. Vincent P. HURLEY, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided July 8, 2004.

Attorney(s) appearing for the Case

Vincent P. Hurley on brief pro se.

Craig N. Moore, Acting United States Attorney, Donald Lockhart, Assistant U.S. Attorney, and James H. Leavey, Assistant U.S. Attorney, on brief for appellee.

Before BOUDIN, Chief Judge, LIPEZ and HOWARD, Circuit Judges.

PER CURIAM.

Victor Hurley, sentenced in 1993 to a lengthy prison term, appeals from a district court order denying his motion for reduction of sentence under 18 U.S.C. § 3582(c)(2). He argues that his original sentencing range has been lowered by a retroactive, 2000 amendment to the sentencing guidelines. Specifically, he contends that Amendment 591 bars the use of relevant, uncharged conduct for the purpose of applying a cross reference that appears in the offense...

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