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U.S. v. McKOY

No. 11-1749.

665 F.3d 968 (2011)

UNITED STATES of America, Appellee, v. Sterling McKOY, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: December 30, 2011.

Attorney(s) appearing for the Case

Terrance Waite , North Platte, NE, for appellant.

Susan T. Lehr , AUSA, Omaha, NE, for appellee.

Sterling McKoy , pro se supplemental brief.

Before LOKEN, MURPHY, and SHEPHERD, Circuit Judges.

PER CURIAM.

Sterling McKoy is serving a 300 month sentence after a jury found him guilty of conspiracy to distribute crack cocaine. McKoy filed a motion in the district court for modification of his sentence under 18 U.S.C. § 3582(c)(2) based on the intervening amendment 706 to the United States Sentencing Guidelines which lowered the base offense levels for distribution of cocaine base. The district court denied his motion on the ground that amendment 706 did...

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