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U.S. v. JACKSON

No. 08-3188.

573 F.3d 398 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Demetrius G. JACKSON, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided July 13, 2009.

Attorney(s) appearing for the Case

Kenneth M. Hays (argued), Office of the United States Attorney, South Bend, IN, for Plaintiff-Appellee.

H. Jay Stevens (argued), Indiana Federal Community Defenders, Inc., South Bend, IN, for Defendant-Appellant.

Before BAUER, FLAUM and EVANS, Circuit Judges.

BAUER, Circuit Judge.

In 1998, Demetrius Jackson was convicted of possession with intent to deliver crack cocaine. Ten years later, Jackson moved to have his sentence retroactively amended pursuant to amended Sentencing Guideline § 2D1.1, which reduced the penalties for most crack cocaine drug offenses. The district court denied the motion, finding that it had no authority to modify the sentence because Jackson was sentenced under the career offender provisions...

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