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U.S. v. TERCERO

No. 12-10404.

734 F.3d 979 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Teniah TERCERO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 31, 2013.

Attorney(s) appearing for the Case

Mark Rosenbush , San Francisco, CA, for Defendant-Appellant.

Suzanne B. Miles , Assistant United States Attorney, Office of the United States Attorney, San Francisco, CA, for Plaintiff-Appellee.

Before: DOROTHY W. NELSON, MILAN D. SMITH, JR., and SANDRA S. IKUTA, Circuit Judges.

OPINION

D.W. NELSON, Senior Circuit Judge:

Teniah Tercero appeals the district court's decision granting in part and denying in part her motion to reduce her sentence under 18 U.S.C. § 3582(c)(2) following the enactment of the Fair Sentencing Act. We have jurisdiction pursuant to 18 U.S.C. § 3742 and 28 U.S.C. § 1291, and we affirm.

I. Background

Tercero's appeal concerns the retroactive application of the Fair Sentencing...

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