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U.S. v. HORN

No. 11-5470.

679 F.3d 397 (2012)

UNITED STATES of America, Plaintiff-Appellant, v. Gregory Steven HORN, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 8, 2012.

Attorney(s) appearing for the Case

ARGUED: John-Alex Romano , United States Department of Justice, Washington, D.C., for Appellant. Michael C. Holley , Office of Federal Public Defender, Nashville, Tennessee, for Appellee. ON BRIEF: John-Alex Romano , United States Department of Justice, Washington, D.C., Harold B. McDonough, Jr. , Assistant United States Attorney, Nashville, Tennessee, for Appellant. Michael C. Holley , C. Douglas Thoresen , Office of Federal Public Defender, Nashville, Tennessee, for Appellee.

Before: CLAY, ROGERS, and COOK, Circuit Judges.

OPINION

ROGERS, Circuit Judge.

Once again in this matter, the district court has declined to follow a non-retroactivity determination of the United States Sentencing Commission. In 2001, Defendant Gregory Horn was sentenced as a career offender under U.S.S.G. § 4B1.1 following his guilty plea to bank robbery. Six years later, in 2007, the Sentencing Commission promulgated Amendment 709, which changed the method by which a district court calculated prior...

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