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UNITED STATES v. COLSON

No. 08-10287.

558 F.3d 1010 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Andrew COLSON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 10, 2009.

Attorney(s) appearing for the Case

Franny A. Forsman, Federal Public Defender, Jason F. Carr, Assistant Federal Public Defender, Las Vegas, NV, for the appellant.

Gregory A. Browner, United States Attorney, Peter S. Levitt, Assistant United States Attorney, Las Vegas, NV, for the appellee.

Before: ALEX KOZINSKI, Chief Judge, HAWKINS and RONALD M. GOULD, Circuit Judges.

ORDER

Andrew Colson ("Colson") appeals from the district court's decision regarding a discretionary reduction of sentence under 18 U.S.C. § 3582(c)(2). Colson acknowledges that the district court's decision is not reviewable under United States v. Lowe, 136 F.3d 1231, 1233 (9th Cir.1998), but argues that Lowe is no longer good law in light of United States v. Carty, 520 F.3d 984

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