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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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