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U.S. v. ALLMON

No. 12-1271.

702 F.3d 1034 (2012)

UNITED STATES of America, Plaintiff-Appellee v. Derek Isaac ALLMON, Sr., Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: December 28, 2012.

Attorney(s) appearing for the Case

Linda S. Sheffield , argued, Atlanta, GA, for appellant.

Jane Duke , USA, argued, Little Rock, AR, for appellee.

Before MELLOY, BEAM, and BENTON, Circuit Judges.

BEAM, Circuit Judge.

Derek Allmon appeals the district court's order modifying his communication restriction imposed pursuant to 18 U.S.C. § 3582(d). Allmon argues the district court did not have jurisdiction to make such a modification without a motion from the Director of the Bureau of Prisons ("BOP") or the United States attorney, and there was not probable cause to justify the modification under § 3582(d). We vacate the district court's March 15, 2010...

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