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U.S. v. MUNN

No. 09-7525.

595 F.3d 183 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Raeford Nathaniel MUNN, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: February 17, 2010.

Attorney(s) appearing for the Case

ARGUED: Daniel Micah Blau, Robert H. Hale, Jr. & Associates, Attorneys at Law, PC, Raleigh, North Carolina, for Appellant. Anne Margaret Hayes, Office of the United States Attorney, Raleigh, North Carolina, for Appellee. ON BRIEF: Robert H. Hale, Jr., Robert H. Hale, Jr. & Associates, Attorneys at Law, PC, Raleigh, North Carolina, for Appellant. George E.B. Holding, United States Attorney, Jennifer P. May-Parker, Assistant United States Attorney, Office of the United States Attorney, Raleigh, North Carolina, for Appellee.

Vacated and remanded by published opinion. Judge KING wrote the majority opinion, in which Judge DAVIS joined. Judge DUNCAN wrote a dissenting opinion.

OPINION

KING, Circuit Judge:

Raeford Nathaniel Munn pursues this appeal from the district court's denial of his motion for a reduced sentence under 18 U.S.C. § 3582(c)(2). Munn's motion was predicated on Sentencing Guidelines Amendment 706, which revised the Drug Quantity Table of section 2D1.1(c) by reducing the base offense level applicable to cocaine base ("crack") offenses. The court denied the motion on the ground that, because Munn had been designated...

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