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U.S. v. CORBER

No. 09-3006.

596 F.3d 763 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Terry L. CORBER, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

February 22, 2010.

Attorney(s) appearing for the Case

Kirk C. Redmond, Assistant Federal Public Defender (Cyd Gilman, Federal Public Defender, with him on the brief), Office of the Federal Public Defender for the District of Kansas, Topeka, KS, appearing for Appellant.

James A. Brown, Assistant United States Attorney (Marietta Parker, Acting United States Attorney, with him on the brief), Office of the United States Attorney for the District of Kansas, Topeka, KS, appearing for Appellee.

Before TACHA, HOLLOWAY, and GORSUCH, Circuit Judges.

TACHA, Circuit Judge.

Defendant-appellant Terry L. Corber appeals from the district court's dismissal of his motion to reduce his sentence under 18 U.S.C. § 3582(c)(2). The district court reasoned that it lacked authority to grant a sentence reduction because Mr. Corber's sentence was based on the career-offender provision of the United States Sentencing Guidelines, see U.S.S.G. § 4B1.1, rather than on the provision governing crack cocaine offenses...

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