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U.S. v. HOGAN

No. 12-1039.

722 F.3d 55 (2013)

UNITED STATES, Appellee, v. Wyman HOGAN, Defendant, Appellant.

United States Court of Appeals, First Circuit.

July 5, 2013.

Attorney(s) appearing for the Case

John T. Ouderkirk, Jr. for appellant.

Seth R. Aframe , Assistant United States Attorney, with whom John P. Kacavas , United States Attorney, was on brief, for appellee.

Judith H. Mizner , Assistant Federal Public Defender for the Federal Public Defender for the Districts of Massachusetts, New Hampshire and Rhode Island Federal Defender, amicus curiae.

Before HOWARD, STAHL, and THOMPSON, Circuit Judges.

THOMPSON, Circuit Judge.

Appellant Wyman Hogan ("Hogan") was sentenced to 262 months' imprisonment for crack-cocaine related offenses in 2002. When the United States Sentencing Guidelines ("U.S.S.G.") were amended in 2007 to reduce crack-cocaine base offense levels, Hogan moved for and was granted a sentence reduction pursuant to 18 U.S.C. § 3582(c)(2). The guidelines were amended again in 2011, retroactively lowering the base offense levels further for crack...

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