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U.S. v. WARE

Nos. 12-1330, 12-1671.

694 F.3d 527 (2012)

UNITED STATES of America, Appellant v. Andre WARE. United States of America, v. Allen Stratton a/k/a Neck Bone. Allen Stratton, Appellant.

United States Court of Appeals, Third Circuit.

Opinion Filed: September 21, 2012.

Attorney(s) appearing for the Case

Zane David Memeger, Esq. , Robert A. Zauzmer, Esq. , Bernadette McKeon, Esq. , Richard A. Lloret, Esq. , United States Attorney's Office, Philadelphia, PA, for Appellant, 12-1330/Appellee, 12-1671.

Sarah S. Gannett, Esq. , Brett G. Sweitzer, Esq. , Leigh M. Skipper, Esq. , Federal Community Defender Office for the Eastern District of Pennsylvania, Philadelphia, PA, for Appellant, 12-1671/Appellee, 12-1330.

Before: SMITH, CHAGARES and GARTH, Circuit Judges.

OPINION OF THE COURT

GARTH, Circuit Judge.

In these two appeals, we are called upon to resolve the alleged tension between the sentencing statutes and the Sentencing Guidelines. Andre Ware and Allen Stratton, both serving sentences for various offenses involving crack cocaine, each moved in their respective cases for reductions in their sentences following a retroactive amendment to the Federal Sentencing Guidelines applicable to crack cocaine...

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