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U.S. v. BELL

No. 12-6495.

731 F.3d 552 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Gregory A. BELL, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

September 10, 2013.

Attorney(s) appearing for the Case

ON BRIEF: Frank W. Heft, Jr. , Patrick J. Bouldin , Office of the Federal Defender, Louisville, Kentucky, for Appellant. Terry M. Cushing , United States Attorney's Office, Louisville, Kentucky, for Appellee.

SILER, J., delivered the opinion of the court, in which COLE, J., and DOWD, D.J., joined. COLE, J. (pg. 555), delivered a separate concurring opinion.

OPINION

SILER, Circuit Judge.

Defendant Gregory Bell appeals the district court' denial of a sentence modification pursuant to 18 U.S.C. § 3582(c)(2). In 2003, Bell pled guilty to possession with intent to distribute crack cocaine, possession of a firearm in furtherance of a drug crime, and possession of marijuana. After passage of the Fair Sentencing Act in 2010 ("FSA"), Bell moved for a sentence modification under § 3582(c)(2). The district court...

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