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U.S. v. MARTIN

No. 07-30815.

596 F.3d 284 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Jerrold MARTIN, also known as Jay, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 5, 2010.

Attorney(s) appearing for the Case

Cristina Walker, James G. Cowles, Jr., Asst. U.S. Attys., Shreveport, LA, for U.S.

Douglas Lee Harville (Court-Appointed), Harville Law Firm, L.L.C., Shreveport, LA, for Martin.

Before JOLLY and DENNIS, Circuit Judges, and JORDAN, District Judge.

E. GRADY JOLLY, Circuit Judge:

This case presents a question of whether a district court has jurisdiction to modify a sentence under 18 U.S.C. § 3582(c)(2)1 while an appeal of the original sentence is pending before this court. We determine that in this case it does.

Jerrold Martin pled guilty to possession of at least fifty grams of crack cocaine with the intent to distribute in violation of 21 U.S.C. § 841(a)(1). The...

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