U.S. v. HARGROVE

No. 12-13231 Non-Argument Calendar.

732 F.3d 1253 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Nathaniel HARGROVE, a.k.a. Frog, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

October 15, 2013.


Attorney(s) appearing for the Case

Todd B. Grandy , Walter Eugene Furr, III , Robert E. O'Neill , Yvette Rhodes U.S. Attorney's Office Tampa, FL, for Plaintiff-Appellee.

Frog, Donna Lee Elm , Adeel Bashir , Federal Public Defender's Office, Orlando, FL, Benjamin Daniel Singerman , Federal Public Defender's Office, Tucson, AZ, for Defendant-Appellant.

Before TJOFLAT, PRYOR and KRAVITCH, Circuit Judges.


KRAVITCH, Circuit Judge:

Nathaniel Hargrove appeals the district court's denial of his 18 U.S.C. § 3582(c)(2) motion to reduce his sentence. Hargrove was subject to a statutory mandatory minimum sentence of 120 months' imprisonment, but a retroactive amendment to the sentencing guidelines lowered his applicable guidelines range from 120 to 125 months' imprisonment to simply 120 months. We hold that a defendant subject to a statutory mandatory minimum is eligible...

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