U.S. v. DARTON

No. 09-1137.

595 F.3d 1191 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Corey L. DARTON, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

February 17, 2010.


Attorney(s) appearing for the Case

Rudy E. Verner, Davis Graham & Stubbs LLP, Denver, CO, for Appellant.

John M. Hutchins, Assistant U.S. Attorney (David M. Gaouette, United States Attorney, and Michelle Korver, Assistant U.S. Attorney, with him on the brief), Denver, CO, for Appellee.

Before TACHA, SEYMOUR and LUCERO, Circuit Judges.


TACHA, Circuit Judge.

Corey L. Darton appeals the district court's denial of his motion to reduce his sentence under 18 U.S.C. § 3582(c)(2)LQ and Amendment 706 to the United States Sentencing Guidelines ("U.S.S.G."). He argues that the district court erred in determining that his sentence was based on the career-offender provision of the guidelines, see U.S.S.G. § 4B1.1, rather than on the provision governing crack cocaine offenses, see §...

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