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U.S. v. MELVIN

No. 08-13497.

556 F.3d 1190 (2009)

UNITED STATES of America, Plaintiff-Appellant, v. Edward MELVIN, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

February 3, 2009.

Attorney(s) appearing for the Case

Dawn Bowen, Anne R. Schultz, Asst. U.S. Atty., Kathleen M. Salyer, Miami, FL, for U.S.

Timothy Cone and Kathleen M. Williams, Fed. Pub. Defenders, Miami, FL, for Melvin.

Before TJOFLAT, BLACK and COX, Circuit Judges.

PER CURIAM:

We decide in this appeal whether United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), and Kimbrough v. United States, ___ U.S. ___, 128 S.Ct. 558, 169 L.Ed.2d 481 (2007), prohibit Congress or the Sentencing Commission from limiting the discretion of a district court in reducing a sentence under 18 U.S.C. § 3582(c)(2). Concluding that Booker and Kimbrough do not apply...

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