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U.S. v. MONTANEZ

Docket Nos. 11-4933-cr(L) & 11-4935-cr(con).

717 F.3d 287 (2013)

UNITED STATES of America, Appellee, v. Edwin MONTANEZ, aka Sha, aka Sha Dic, aka Shadigga, aka Shy, Ken Kinsey, Jr., aka Benji, aka Jade, Karriem Williams, aka Calo, Larry Benton, aka Weezy, aka Lil Wayne, aka Squeezy, Quantae Wright, aka Little Nova, Andre Robinson, aka Dre Dre, aka Team, Marc L. Stanley, aka Imf, Robert Murray, aka Killa, aka Killer, Patrick Brumfield, aka P-Dog, Matthew Brumfield, aka Augustus, aka Stallion, Bobby Everson, aka Pino, aka Styles, Jeffrey Johnson, aka Bling, Defendants, Clifton Stith, aka Tony, aka Yayo, Adib Brantley, aka Sha Blood, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: May 30, 2013.

Attorney(s) appearing for the Case

Paul D. Silver ( John M. Katko , on the brief), Assistant United States Attorneys, for Richard S. Hartunian , United States Attorney for the Northern District of New York, Albany, NY, for Appellee.

James P. Egan ( Lisa A. Peebles , on the brief), Federal Public Defender's Office, Syracuse, NY, for Defendants-Appellants.

Before: KATZMANN, PARKER, Circuit Judges, and KUNTZ, District Judge.

PER CURIAM:

This case presents two issues: (1) whether U.S.S.G. § 1B1.10(b)(2)(A) constitutes a valid exercise of the United States Sentencing Commission's authority, and thus binds district courts whenever they reduce a defendant's sentence under 18 U.S.C. § 3582(c)(2); and (2) whether, even if § 1B1.10(b)(2)(A) binds district courts, it nonetheless permits them to depart from a defendant's amended guideline range under U.S.S.G. § 4A1.3. Defendants...

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