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U.S. v. HORN

No. 09-5090.

612 F.3d 524 (2010)

UNITED STATES of America, Plaintiff-Appellant, v. Gregory Steven HORN, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 26, 2010.

Attorney(s) appearing for the Case

ARGUED: Harold B. McDonough, Jr., Assistant United States Attorney, Nashville, Tennessee, for Appellant. Michael C. Holley, Office of the Federal Public Defender, Nashville, Tennessee, for Appellee. ON BRIEF: Harold B. McDonough, Jr., Assistant United States Attorney, Nashville, Tennessee, for Appellant. Michael C. Holley, C. Douglas Thoresen, Office of the Federal Public Defender, Nashville, Tennessee, for Appellee. Mark Osler, Baylor Law School, Waco, Texas, for Amici Curiae.

Before: CLAY, ROGERS, and COOK, Circuit Judges.

OPINION

ROGERS, Circuit Judge.

Gregory Steven Horn pled guilty in 2001 to armed bank robbery. He received a 204-month sentence based on the district court's determination that he was a career offender. In 2008, Horn filed a motion for resentencing based on Guidelines Amendment 709, arguing that he was not a career offender under the amendment because his two prior robbery convictions would no longer count as separate offenses. The Sentencing Commission has...

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