U.S. v. HERNANDEZ

No. 09-40546.

645 F.3d 709 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Jason HERNANDEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 28, 2011.


Attorney(s) appearing for the Case

Traci Lynne Kenner , Asst. U.S. Atty., Tyler, TX, H.S. Garcia , Nail, Pelley, Wynne & Smith, Sherman, TX, for Plaintiff-Appellee.

Jason Hernandez , El Reno, OK, pro se.

Before GARWOOD, ELROD, and SOUTHWICK, Circuit Judges.


PER CURIAM:

Jason Hernandez appeals a district court's denial of his motion for modification of his life sentence pursuant to 18 U.S.C. § 3582(c)(2), relying on a recent amendment to the sentencing guidelines for crimes related to the possession and distribution of crack cocaine. Because the district court that sentenced Hernandez found that Hernandez was responsible for 32.5 kg of crack cocaine, an amount far in excess of the quantity that triggers the highest...

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