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U.S. v. TEPPER

No. 08-3115.

616 F.3d 583 (2010)

UNITED STATES of America, Appellee v. Ernest TEPPER, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided August 6, 2010.

Attorney(s) appearing for the Case

A.J. Kramer , Federal Public Defender, and Mary Manning Petras , Assistant Federal Public Defender, were on the briefs for appellant.

Jeffrey A. Taylor , U.S. Attorney at the time the brief was filed, and Roy W. McLeese III , Assistant U.S. Attorney, were on the brief for appellee.

Opinion for the Court filed by Circuit Judge GARLAND.

GARLAND, Circuit Judge:

In 1993, Ernest Tepper pled guilty to possessing with intent to distribute 50 grams or more of crack cocaine and was sentenced as a career offender to 262 months' imprisonment. In 2007 and 2008, the Sentencing Commission amended the sentencing guidelines that generate offense levels for crimes involving crack, but did not amend the provisions relating to career offenders. Tepper seeks a sentencing reduction pursuant to 18 U.S.C. § 3582...

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