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U.S. v. RHODES

No. 08-2111.

549 F.3d 833 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Theomas RHODES, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 5, 2008.

Attorney(s) appearing for the Case

Barbara A. Mandel, Assistant Federal Public Defender, Las Cruces, NM, for Defendant-Appellant.

Terri J. Abernathy, Assistant United States Attorney, (Gregory J. Fouratt, United States Attorney, on the brief), Las Cruces, NM, for Plaintiff-Appellee.

Before BRISCOE, EBEL, and HARTZ, Circuit Judges.

BRISCOE, Circuit Judge.

Defendant Theomas Rhodes was originally sentenced in 1997 for his role in a conspiracy to possess with intent to distribute crack cocaine. Following the Sentencing Commission's 2007 amendment of the crack cocaine-related Sentencing Guidelines, Rhodes sought and was granted a modification of his sentence pursuant to 18 U.S.C. § 3582(c)(2). Rhodes now appeals his modified sentence, claiming the district court erred in concluding that it...

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