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U.S. v. KELLY

No. 12-30936 Summary Calendar.

716 F.3d 180 (2013)

UNITED STATES of America, Plaintiff-Appellee v. Andrew D. KELLY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 13, 2013.

Attorney(s) appearing for the Case

Cristina Walker , Asst. U.S. Atty., U.S. Atty.'s Office, Western District of Louisiana, Shreveport, LA, for Plaintiff-Appellee.

Betty Lee Marak, Esq. , Asst. Federal Public Defender, Federal Public Defender's Office, Western District of Louisiana, Shreveport, LA, for Defendant-Appellant.

Before JONES, DENNIS, and HAYNES, Circuit Judges.

HAYNES, Circuit Judge:

In 2004, Andrew D. Kelly pleaded guilty to possession with intent to distribute 50 grams or more of cocaine base (Count One) and possession of a firearm during a drug-trafficking offense (Count Two). Following Amendment 706 to the United States Sentencing Guidelines, Kelly's sentence on Count One was reduced to 121 months in prison. Kelly filed a motion to reduce pursuant to 18 U.S.C. § 3582(c)(2) based on Amendment 750 to the Sentencing...

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