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U.S. v. CARTER

No. 08-20235.

595 F.3d 575 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Adrian Lewis CARTER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 28, 2010.

Attorney(s) appearing for the Case

Julia Bowen Stern, James Lee Turner, Asst. U.S. Attys., Houston, TX, for U.S.

Marjorie A. Meyers, Fed. Pub. Def., Timothy William Crooks, Asst. Fed. Pub. Def., Houston, TX, for Carter.

Before JONES, Chief Judge, and SMITH and ELROD, Circuit Judges.

PER CURIAM:

Adrian Lewis Carter appeals the denial of his motion to reduce his sentence in response to a recent change to the federal sentencing guidelines for crimes involving crack cocaine. Because Carter's sentence was based on a minimum prescribed by statute, we AFFIRM.

I. Background and Proceedings

In June 2005, Carter pleaded guilty to (1) possession, with intent to distribute, of 50 grams or more of a mixture containing cocaine base...

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