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U.S. v. AUSTIN

No. 10-10001.

676 F.3d 924 (2012)

UNITED STATES of America, Plaintiff-Appellant, v. Lorenzo AUSTIN, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 18, 2012.

Attorney(s) appearing for the Case

Benjamin B. Wagner , United States Attorney, Samuel Wong , Assistant United States Attorney, Sacramento, CA, for the plaintiff-appellant.

Daniel J. Broderick , Federal Defender, David M. Porter , Assistant Federal Defender, Sacramento, CA, for the defendant-appellee.

Before: J. CLIFFORD WALLACE, DOROTHY W. NELSON, and CARLOS T. BEA, Circuit Judges.

OPINION

BEA, Circuit Judge:

Lorenzo Austin was sentenced to a seventeen-year prison term pursuant to a plea agreement. Two years later, Austin filed a motion to reduce his sentence under 18 U.S.C. § 3582(c)(2), which the district court granted. While this case was pending, the United States Supreme Court decided Freeman v. United States, ___ U.S. ___, 131 S.Ct. 2685, 180 L.Ed.2d 519 (2011). We conclude that Justice...

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