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U.S. v. SAVANI

Nos. 11-4359, 11-4494, 12-1034.

716 F.3d 66 (2013)

UNITED STATES of America v. Albert SAVANI, aka Pops, Appellant in No. 11-4359. United States of America v. Sean Herbert, a/k/a Bounty Sean Herbert, Appellant in No. 11-4494. United States of America v. Richard Roe, Appellant in No. 12-1034.

United States Court of Appeals, Third Circuit.

Opinion filed: May 7, 2013.

Attorney(s) appearing for the Case

James V. Wade, Esquire , Federal Public Defender Middle District of Pennsylvania, Frederick W. Ulrich, Esquire , Assistant Federal Public Defender, Harrisburg, PA, for Appellants, Albert Savani and Sean Herbert.

Sarah S. Gannett, Esquire (Argued), Assistant Federal Defender, Christy Unger, Esquire , Brett G. Sweitzer, Esquire , Assistant Federal Defender, Supervising Appellate Attorney, Leigh M. Skipper, Esquire , Chief Federal Defender, Federal Community Defender Office, Eastern District of Pennsylvania, Philadelphia, PA, for Appellant, Richard Roe.

Bernadette A. McKeon, Esquire , Kathy A. Stark, Esquire , Robert A. Zauzmer, Esquire (Argued), Office of the United States Attorney, Philadelphia, PA, for Appellee.

Before: FUENTES, HARDIMAN and ROTH, Circuit Judges.

OPINION

ROTH, Circuit Judge:

The question presented in this consolidated appeal is whether appellants, Albert Savani, Sean Herbert, and Richard Roe,1 are eligible for reductions of their sentences pursuant to 18 U.S.C. § 3582(c)(2). In each case, the appellant was convicted of a cocaine base (crack) related offense, the government moved for a downward departure due to the appellant's substantial assistance, and the District...

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