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U.S. v. CLAWSON

No. 10-4568.

650 F.3d 530 (2011)

UNITED STATES of America, Plaintiff-Appellant, v. James B. CLAWSON, Sr., Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: June 30, 2011.

Attorney(s) appearing for the Case

ARGUED: David Brian Goodhand , Office of the United States Attorney, Alexandria, Virginia, for Appellant. Nina Jean Ginsberg , DiMuroGinsberg, PC, Alexandria, Virginia, for Appellee. ON BRIEF: Neil H. MacBride , United States Attorney, Jay V. Prabhu , Assistant United States Attorney, Office of the United States Attorney, Alexandria, Virginia, for Appellant.

Vacated and remanded by published opinion. Judge DUNCAN wrote the opinion, in which Chief Judge TRAXLER and Judge SHEDD concurred.

OPINION

DUNCAN, Circuit Judge:

This appeal arises from the district court's grant of a motion for reduction of sentence for substantial assistance under Federal Rule of Criminal Procedure 35(b). In granting the motion, the court reduced defendant James Clawson's sentence for distribution of child pornography from 96 months' imprisonment to one day. The government argues that the district court exceeded its authority...

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