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U.S. v. TUPUOLA

Nos. 08-10422, 09-10092.

587 F.3d 1025 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Talatonu TUPUOLA, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Maave Maave, Jr., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed November 24, 2009.

Attorney(s) appearing for the Case

Alexander Silvert, First Assistant Federal Defender, Honolulu, HI, for the defendants-appellants.

Beverly Wee Sameshima and Michael K. Kawahara, Assistant United States Attorneys, Honolulu, HI, for the plaintiff-appellee.

Before: ROBERT R. BEEZER, SUSAN P. GRABER and RAYMOND C. FISHER, Circuit Judges.

BEEZER, Circuit Judge:

Appellants Talatonu Tupuola and Maave Maave, Jr., appeal district court denials of their motions for sentence reductions under 18 U.S.C. § 3582(c)(2). Both Tupuola and Maave were sentenced under the "career offender" United States Sentencing Guidelines ranges contained in U.S.S.G. § 4B1.1. Tupuola and Maave contend that they should each be entitled to a sentence rehearing because at trial they sought downward departures due to the...

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