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U.S. v. BORDEN

Docket No. 08-1625-cr.

564 F.3d 100 (2009)

UNITED STATES of America, Appellee, v. James BORDEN, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: April 17, 2009.

Amended: April 22, 2009.

Attorney(s) appearing for the Case

John P. Collins, Jr., Assistant United States Attorney (Michael J. Garcia, United States Attorney, on the brief, Katherine Polk Failla, Assistant United States Attorney, of counsel), Office of the United States Attorney for the Southern District of New York, New York, NY, for the United States of America.

David A. Lewis, Federal Defenders of New York, Inc., Appeals Bureau, New York, NY, for James Borden.

Before: CABRANES and HALL, Circuit Judges, and SWEET, District Judge.

JOSÉ A. CABRANES, Circuit Judge:

Defendant James Borden appeals from a final order of the United States District Court for the Southern District of New York (Denise Cote, Judge), in which the District Court declined to reduce Borden's sentence pursuant to 18 U.S.C. § 3582(c)(2).1 We write for the purpose of stating that abuse of discretion is the appropriate standard of review to apply to a district court's ruling on a...

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