U.S. v. VALENTINE

Nos. 11-1296, 11-1345, 11-1916, 11-1450.

694 F.3d 665 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Kenneth Jerome VALENTINE; Corey Tiwane Valentine; Johnny Valentine, Defendants-Appellants. United States of America, Plaintiff-Appellant, v. Jimmy Ray Valentine, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 12, 2012.


Attorney(s) appearing for the Case

ARGUED: Christopher M. Gibbons , The Law Offices of Dunn/Gibbons, Grand Rapids, Michigan, Paul L. Nelson , Federal Public Defender's Office, Grand Rapids, Michigan, Scott Graham , Scott Graham PLLC, Portage, Michigan, for Appellants in cases 11-1296, 11-1345, and 11-1916. Jennifer L. McManus , United States Attorney's Office, Grand Rapids, Michigan, for Appellee in Cases 11-1296, 11-1345, and 11-1916. Jennifer L. McManus , United States Attorney's Office, Grand Rapids, Michigan, for Appellant in 11-1450. Jennifer L. Swize , Jones Day, Washington, D.C., for Appellee in 11-1450. ON BRIEF: Christopher M. Gibbons , The Law Offices of Dunn/Gibbons, Grand Rapids, Michigan, Paul L. Nelson , Federal Public Defender's Office, Grand Rapids, Michigan, Scott Graham , Scott Graham PLLC, Portage, Michigan, for Appellants in cases 11-1296, 11-1345, and 11-1916. Jennifer L. McManus , United States Attorney's Office, Grand Rapids, Michigan, for Appellee in Cases 11-1296, 11-1345, and 11-1916. Jennifer L. McManus , United States Attorney's Office, Grand Rapids, Michigan, for Appellant in 11-1450. Jennifer L. Swize , Jones Day, Washington, D.C., for Appellee in 11-1450.

Before: BATCHELDER, Chief Judge; KEITH and DONALD, Circuit Judges.


OPINION

ALICE M. BATCHELDER, Chief Judge.

Defendants Kenneth, Corey, Johnny, and Jimmy Ray Valentine1 moved for sentencing modifications under 18 U.S.C. § 3582(c)(2) based on amendments to the crack cocaine sentencing guidelines. Judge Paul L. Maloney considered Kenneth's, Corey's, and Johnny's requests, determined that they were ineligible for sentencing reductions, and denied their motions. Judge Robert J. Jonker considered...

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