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U.S. v. GOODWYN

No. 09-7316.

596 F.3d 233 (2010)

UNITED STATES of America, Plaintiff-Appellant, v. Orrandy GOODWYN, a/k/a Randy, a/k/a White Boy, a/k/a Trash, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: February 26, 2010.

Attorney(s) appearing for the Case

ARGUED: Richard Daniel Cooke, Office of the United States Attorney, Richmond, Virginia, for Appellant. James Brian Donnelly, Price, Perkins, Larken & Donnelly, Virginia Beach, Virginia, for Appellee. ON BRIEF: Neil H. MacBride, United States Attorney, Alexandria, Virginia, for Appellant.

Vacated and remanded by published opinion. Judge MOTZ wrote the opinion, in which Judge KING and Judge AGEE joined.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

In 1997, after pleading guilty to conspiracy to distribute powder and crack cocaine, Orrandy Goodwyn received a 264-month prison sentence. Eleven years later, relying on 18 U.S.C. § 3582(c)(2) (2006) and the retroactive crack cocaine amendment to the United States Sentencing Guidelines ("U.S.S.G." or "Guidelines"), Goodwyn moved for a reduction of his sentence to time served. The district court granted the...

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