U.S. v. BERRY

No. 09-3084.

618 F.3d 13 (2010)

UNITED STATES of America, Appellee v. Steven BERRY, also known as Ricardo Punch, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided September 3, 2010.


Attorney(s) appearing for the Case

Mary Manning Petras , Assistant Federal Public Defender, argued the cause for appellant. With her on the briefs was A.J. Kramer , Federal Public Defender.

Sarah Chasson , Assistant U.S. Attorney, argued the cause for appellee. With her on the brief were Ronald C. Machen Jr. , U.S. Attorney, and Roy W. McLeese III , Mary B. McCord , and Rachel C. Lieber , Assistant U.S. Attorneys.

Opinion concurring in the judgment filed by Circuit Judge ROGERS.


GRIFFITH, Circuit Judge:

Steven Berry is serving a 168-month prison term for possession with intent to distribute crack cocaine. He appeals the district court's denial of his motion for a sentence reduction under 18 U.S.C. § 3582(c)(2) (2006). For the reasons set forth below, we affirm.

I.

A.

The United States Sentencing Commission is charged with promulgating guidelines to assist district courts in imposing sentences. See 28...

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