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U.S. v. AYALA-PIZARRO

No. 08-1321.

551 F.3d 84 (2008)

UNITED STATES of America, Appellee, v. Felipe AYALA-PIZARRO, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided December 23, 2008.

Attorney(s) appearing for the Case

Judith H. Mizner, Assistant Federal Public Defender, for appellant.

Aixa Maldonado-Quiñones, Assistant United States Attorney, with whom Thomas P. Colantuono, United States Attorney, was on brief, for appellee.

Before LYNCH, Chief Judge, SELYA and BOUDIN, Circuit Judges.

SELYA, Circuit Judge.

By amendment, the United States Sentencing Commission lowered the offense levels associated with crack cocaine offenses. See USSG App. C, Amend. 706 (2007). The Commission thereafter issued a declaration of retroactivity with respect to those lowered offense levels. See USSG App. C, Amend. 713 (Supp. May 1, 2008). Focusing on Amendment 706, defendant-appellant Felipe Ayala-Pizarro moved for a reduction of his previously imposed...

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