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U.S. v. SMITH

No. 08-13215.

568 F.3d 923 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Kenneth Gregory SMITH, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

May 19, 2009.

Attorney(s) appearing for the Case

Bernardo Lopez, Fed. Pub. Def., Ft. Lauderdale, FL, Kathleen M. Williams, Fed. Pub. Def., Miami, FL, for Smith.

Lisa A. Hirsch, Anne R. Schultz, Asst. U.S. Atty., Kathleen M. Salyer, Emily M. Smachetti, Eric A. Hernandez, Miami, FL, for U.S.

Before MARCUS and PRYOR, Circuit Judges, and SCHLESINGER, District Judge.

MARCUS, Circuit Judge:

Kenneth Smith, who was convicted by a jury of a crack cocaine offense, appeals from the sentence imposed by the district court after it had granted his 18 U.S.C. § 3582(c)(2) motion for a sentence reduction based on Amendment 706 to the United States Sentencing Guidelines. Smith argues that the district court abused its discretion in failing to grant him a greater sentence reduction either to the low end of his amended guideline range or...

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