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U.S. v. BATTLE

No. 12-3005.

706 F.3d 1313 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Shawn BATTLE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

February 12, 2013.

Attorney(s) appearing for the Case

Melody Evans ( Cyd Gilman with her on the briefs), Office of the Federal Public Defender, District of Kansas, Topeka, KS, for the Defendant-Appellant.

James A. Brown ( Barry R. Grissom with him on the brief), Office of the United States Attorney, District of Kansas, Topeka, KS, for the Plaintiff-Appellee.

Before LUCERO, MURPHY, and HARTZ, Circuit Judges.

LUCERO, Circuit Judge.

Shawn Battle filed a motion for sentence reduction under 18 U.S.C. § 3582(c)(2) following Amendments 750 and 759 to the United States Sentencing Guidelines, which retroactively adjusted Battle's advisory Guidelines range. U.S.S.G. app. C, amends. 750 & 759. The district court granted the motion in part, granting a two-level reduction rather than the four-level reduction Battle requested. Although the court found at Battle's first sentencing...

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