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U.S. v. FOX

No. 08-30445.

631 F.3d 1128 (2011)

UNITED STATES of America, Plaintiff-Appellant, v. John Michael FOX, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 7, 2011.

Attorney(s) appearing for the Case

Kirby A. Heller , U.S. Department of Justice, Washington, D.C., argued the cause for the United States, and filed the briefs. Karen L. Loeffler , United States Attorney for the District of Alaska, and Stephan A. Collins , Assistant U.S. Attorney for the District of Alaska, were also on the briefs.

Kevin F. McCoy , Assistant Federal Defender, Anchorage, AK, argued the cause for the defendant-appellee, and filed the briefs.

Before: DIARMUID F. O'SCANNLAIN and RICHARD C. TALLMAN, Circuit Judges, and BARRY T. MOSKOWITZ, District Judge.

OPINION

O'SCANNLAIN, Circuit Judge:

We examine how much a sentence can be reduced based on a retroactive amendment to the Sentencing Guidelines.

I

In 1996, a federal grand jury issued a two-count indictment charging John Michael Fox with possessing crack cocaine with the intent to distribute it, in violation of 21 U.S.C. § 841(a)(1), and with carrying a .45 caliber handgun during and in relation to a drug crime, in violation of 18...

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