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U.S. v. MORALES

No. 09-30047.

590 F.3d 1049 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Leroy MORALES, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 5, 2010.

Attorney(s) appearing for the Case

Argued by Stephen R. Sady, Assistant Federal Public Defender, Portland, OR; briefed by Alison M. Clark, Assistant Federal Public Defender, Portland, OR, for the defendant-appellant.

Argued by Leah K. Bolstad, Assistant United States Attorney, Portland, OR; briefed by Karin J. Immergut, United States Attorney, District of Oregon, Portland, OR; and Kathleen L. Bickers, Assistant United States Attorney, Portland, OR, for the plaintiff-appellee.

Before: ALEX KOZINSKI, Chief Judge, RAYMOND C. FISHER and RICHARD A. PAEZ, Circuit Judges.

KOZINSKI, Chief Judge:

We consider whether a defendant is eligible for a reduction of his supervised release revocation sentence because the guideline range for his original crime was lowered.

Facts

In 1990, Leroy Morales pled guilty to distribution of crack cocaine and was sentenced to 110 months in prison and 5 years supervised release. Morales served his time but, while on supervised release, he was convicted of robbery in state court. Because...

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