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U.S. v. COOK

No. 09-3008.

594 F.3d 883 (2010)

UNITED STATES of America, Appellee v. Derrick COOK, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided February 12, 2010.

Attorney(s) appearing for the Case

Mary M. Petras, Assistant Federal Public Defender, argued the cause for appellant. With her on the briefs was A.J. Kramer, Federal Public Defender.

Michael T. Ambrosino, Assistant U.S. Attorney, argued the cause for appellee. With him on the brief were Roy W. McLeese III, John P. Mannarino, and Mary Ann Snow, Assistant U.S. Attorneys.

Opinion for the Court by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

This is an appeal from the denial of a motion for the reduction of sentence under 18 U.S.C. § 3582(c)(2) in view of amendments to the U.S. Sentencing Guidelines ("U.S.S.G.") reducing the base level offense for offenses involving crack cocaine. We join the other circuits in holding that section 3582(c)(2), which refers to sentences "based on a guideline range subsequently lowered by the Sentencing Commission," applies only to a sentence...

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