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U.S. v. BLACKMON

No. 09-1059.

584 F.3d 1115 (2009)

UNITED STATES of America, Appellant, v. Derrick D. BLACKMON, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: October 27, 2009.

Attorney(s) appearing for the Case

Assistant U.S. Atty., Abbie Crites-Leoni, Cape Girardeau, MO, for appellant.

Assistant Federal Public Defender Michael Skrien, Cape Girardeau, MO, for appellee.

Before COLLOTON, BEAM, and BENTON, Circuit Judges.

PER CURIAM.

The district court reduced Derrick D. Blackmon's sentence from 200 months to 162 months, after Amendment 706 to the Sentencing Guidelines. See 18 U.S.C. § 3582(c)(2). The government appeals, arguing that the original sentence was based on his career offender range under section 4B1.1 of the Sentencing Guidelines; this range was not lowered by Amendment 706; and thus he is not eligible for a sentence reduction under section 3582(c)(2). See...

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