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U.S. v. MANN

No. 12-6590.

709 F.3d 301 (2013)

UNITED STATES of America, Plaintiff-Appellant, v. Robert Cy MANN, a/k/a B, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: March 4, 2013.

Attorney(s) appearing for the Case

ARGUED: Richard Daniel Cooke , Office of the United States Attorney, Richmond, Virginia, for Appellant. Caroline Swift Platt , Office of the Federal Public Defender, Alexandria, Virginia, for Appellee. ON BRIEF: Neil H. MacBride , United States Attorney, Alexandria, Virginia, for Appellant. Michael S. Nachmanoff , Federal Public Defender, Alexandria, Virginia, Keith L. Kimball , Assistant Federal Public Defender, Office of the Federal Public Defender, Norfolk, Virginia, for Appellee.

Affirmed by published opinion. Judge MOTZ wrote the opinion, in which Judge KING and Judge AGEE joined.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

In 1998, a jury convicted Robert Cy Mann of possession with intent to distribute crack cocaine and distribution of powder cocaine, and the district court sentenced him in accord with the then-applicable United States Sentencing Guidelines. Following Amendment 750 to the Guidelines, which lowered sentences for certain crack cocaine offenses, the district court granted Mann's motion to reduce his sentence. The Government...

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