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U.S. v. BARNEY

No. 11-2488.

672 F.3d 228 (2012)

UNITED STATES of America v. Clifton BARNEY, a/k/a Doodles Clifton Barney, Appellant.

United States Court of Appeals, Third Circuit.

Filed: March 6, 2012.

Attorney(s) appearing for the Case

Christopher O'Malley, Esq. , Julie A. McGrain, Esq. , Office of Federal Public Defender, Camden, NJ, for Appellant.

Mark E. Coyne, Esq. , Joseph B. Shumofsky, Esq. , Paul J. Fishman, Esq. , Office of United States Attorney, Newark, NJ, for Appellee.

Before: SLOVITER and VANASKIE, Circuit Judges, and PADOVA, Senior District Judge.

OPINION OF THE COURT

PADOVA, Senior District Judge.

Appellant Clifton Barney appeals a May 26, 2011 District Court Order denying his motion for a sentence reduction pursuant to 18 U.S.C. § 3582(c)(2). He argues that the District Court erred in concluding that Amendment 706 to the Sentencing Guidelines, which reduced the base offense level for most cocaine base offenses, did not lower his "applicable guideline range" for purposes of resentencing under...

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