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U.S. v. DUNN

No. 09-3124.

631 F.3d 1291 (2011)

UNITED STATES of America, Appellee v. James DUNN, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided February 15, 2011.

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.

Kristina L. Ament , Assistant U.S. Attorney, argued the cause for appellee. On the brief were Ronald C. Machen Jr. , U.S. Attorney, and Roy W. McLeese III , T. Anthony Quinn , and Ann K.H. Simon , Assistant U.S. Attorneys. Mary B. McCord , Assistant U.S. Attorney, entered an appearance.

Opinion for the Court filed by Circuit Judge GRIFFITH.

GRIFFITH, Circuit Judge:

Appellant James Dunn is serving consecutive prison sentences for possession of crack cocaine and murder. After a retroactive change in the federal Sentencing Guidelines, the district court reduced his drug sentence under 18 U.S.C. § 3582(c)(2), but concluded that it lacked authority to make that sentence concurrent rather than consecutive with his murder sentence. We affirm the district court's judgment.

I

In 1989, James...

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