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U.S. v. LINDSEY

Nos. 08-7715, 008-7728.

556 F.3d 238 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Larry Donnell LINDSEY, a/k/a Donnell, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Lonnie Dewayne Robinson, a/k/a Black Lonnie, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: February 20, 2009.

Attorney(s) appearing for the Case

ARGUED: Matthew Segal, Federal Defenders of Western North Carolina, Inc., Asheville, North Carolina, for Appellants. Amy Elizabeth Ray, Office of the United States Attorney, Asheville, North Carolina, for Appellee. ON BRIEF: Claire J. Rauscher, Executive Director, Federal Defenders of Western North Carolina, Inc., Asheville, North Carolina; Cecilia Oseguera, Steven Slawinski, Charlotte, North Carolina, for Appellants. Gretchen C.F. Shappert, United States Attorney, Charlotte, North Carolina, for Appellee.

No. 08-7715 affirmed; No. 08-7728 vacated and remanded by published opinion. Judge NIEMEYER wrote the opinion, in which Chief Judge WILLIAMS and Judge MOTZ joined.

OPINION

NIEMEYER, Circuit Judge:

In light of Amendment 706 to the Sentencing Guidelines, which retroactively reduced the offense levels for crack cocaine offenses, Larry Donnell Lindsey and Lonnie DeWayne Robinson filed motions in the district court to reduce their sentences, relying on 18 U.S.C. § 3582(c)(2), which authorizes a district court to reduce a sentence where "a defendant ... has been sentenced to a term of imprisonment based on a sentencing...

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