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U.S. v. COOLEY

No. 08-30604.

590 F.3d 293 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Lionel COOLEY, a/k/a Boo Boo, a/k/a Bootie Cooley, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 9, 2009.

Attorney(s) appearing for the Case

Carter Kenneth Derri Guice, Jr., Diane Hollenshead Copes, Stephen Andrew Higginson, Asst. U.S. Attys., Carol Loupe Michel, New Orleans, LA, for U.S.

Gary V. Schwabe, Jr., Asst. Fed. Pub. Def., New Orleans, LA, for Cooley.

Before JOLLY, WIENER, and BARKSDALE, Circuit Judges.

PER CURIAM:

Defendant-Appellant Lionel Cooley appeals from the district court's refusal to grant his motion for a modification of his sentence under 18 U.S.C. § 3582(c)(2) following the Sentencing Commission's November 1, 2007 retroactive amendment to the United States Sentencing Guidelines ("U.S.S.G.") provision 2D1.1, which governs offenses that involve cocaine base (crack cocaine).1 Cooley's 105-month sentence constituted a 37...

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