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U.S. v. AYALA

No. 1:05CR00008.

540 F.Supp.2d 674 (2008)

UNITED STATES of America v. Barry AYALA, Defendant.

United States District Court, W.D. Virginia, Abingdon Division.

February 11, 2008.

Attorney(s) appearing for the Case

Donald R. Wolthuis, Assistant United States Attorney, Roanoke, VA, for United States.

Nancy C. Dickenson, Assistant Federal Public Defender, Abingdon, VA, for Defendant.

OPINION AND ORDER

JAMES P. JONES, Chief Judge.

The question presently before the court is whether the defendant is eligible for reduction of sentence before the effective date of retroactive application of the Sentencing Commission's retroactive application of the reduced crack cocaine guidelines. I hold that he is not.

The defendant, Barry Ayala, was convicted by a jury in this court of conspiring to distribute crack cocaine, 21 U.S.C.A. §...

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