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U.S. v. SPENCER

No. 09-1114.

620 F.3d 701 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Darrell SPENCER, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

September 8, 2010.

Attorney(s) appearing for the Case

ON BRIEF: James R. Gerometta , Federal Defender Office, Detroit, Michigan, for Appellant. Daniel R. Hurley , Assistant United States Attorney, Ann Arbor, Michigan, for Appellee.

Before GILMAN and COOK, Circuit Judges; OLIVER, Chief District Judge.

OPINION

SOLOMON OLIVER, JR., Chief Judge.

Appellant Darrell Spencer ("Spencer" or "Appellant") appeals from the modification of his crack cocaine sentence pursuant to 18 U.S.C. § 3582(c) by the district court in the Eastern District of Michigan on January 23, 2009. For the following reasons, we AFFIRM the decision of the district court.

I. FACTUAL AND PROCEDURAL HISTORY

On June 25, 1993, Appellant was convicted by a jury...

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