U.S. v. PAULK

No. 08-50229.

569 F.3d 1094 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Kenneth Lamont PAULK, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 24, 2009.


Attorney(s) appearing for the Case

Carlton F. Gunn, Deputy Federal Public Defender, Los Angeles, CA, for defendant-appellant Kenneth Paulk.

Daniel B. Levin, Assistant United States Attorney, Los Angeles, CA, for plaintiff-appellee United States of America.

Before: HARRY PREGERSON, SUSAN P. GRABER, and KIM McLANE WARDLAW, Circuit Judges.


PER CURIAM:

We must decide whether a defendant sentenced pursuant to a statutory mandatory minimum is entitled to a reduction of sentence under 18 U.S.C. § 3582(c)(2). We conclude that the district court has no authority to reduce a sentence in these circumstances, and we affirm the denial of the motion.

I.

Kenneth Paulk pled guilty to possession with intent to distribute cocaine base in violation...

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