U.S. v. FONTENOT

No. 08-1363.

583 F.3d 743 (2009)

UNITED STATES of America, Plaintiff-Appellant, v. Ronald FONTENOT, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

October 13, 2009.


Attorney(s) appearing for the Case

Submitted on the briefs:* Marc Milavitz, Boulder, CO, for Appellant.

David M. Gaouette, Acting United States Attorney, and Michael C. Johnson, Assistant United States Attorney, Office of the United States Attorney for the District of Colorado, Denver, CO, for Appellee.

Before TACHA, BALDOCK, and LUCERO, Circuit Judges.


TACHA, Circuit Judge.

Defendant-appellant Ronald Fontenot appeals the district court's denial of his motion to reduce his sentence under 18 U.S.C. § 3582(c)(2). We have jurisdiction under 28 U.S.C. § 1291, hold that Amendment 706 to the United States Sentencing Guidelines ("U.S.S.G." or "Guidelines") does not apply to a term of imprisonment imposed upon revocation of supervised release, and therefore AFFIRM.

I. BACKGROUND

In 1994, Mr. Fontenot...

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