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U.S. v. SMITH

No. 08-61098.

595 F.3d 1322 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. James Abdul SMITH, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 3, 2010.

Attorney(s) appearing for the Case

Richard Terrell Starrett, Asst. U.S. Atty., Jackson, MS, for U.S.

George Lowrey Lucas, Sr. Lit. Counsel, Fed. Pub. Def., Jackson, MS, for Smith.

Before GARZA, DeMOSS and CLEMENT, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

James Abdul Smith, federal prisoner #04751-043, was convicted by a jury of attempting to possess with intent to distribute cocaine base. His guidelines range of 262 to 327 months was calculated under the 1997 Guidelines; he was sentenced to 262 months imprisonment. In 2008, Smith moved for a reduction in his sentence under 18 U.S.C. § 3582(c)(2) based on the United States Sentencing Commission's

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