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U.S. v. DAVIS

No. 12-50522.

739 F.3d 1222 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Edmund Clinton DAVIS, Jr., aka E, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 14, 2014.

Attorney(s) appearing for the Case

Davina T. Chen , Deputy Federal Public Defender, Glendale, CA, for Defendant-Appellant.

Edward E. Alon and Joshua A. Klein (argued), Assistant United States Attorneys, Los Angeles, CA, for Plaintiff-Appellee.

Before: WILLIAM C. CANBY, JR., PAUL J. WATFORD, and ANDREW D. HURWITZ, Circuit Judges.

OPINION

CANBY, Circuit Judge:

Defendant Edmund Clinton Davis, Jr., appeals the district court's denial of his motion to reduce his sentence pursuant to 18 U.S.C. § 3582(c)(2). The district court held that the Sentencing Commission's Policy Statement § 1B1.10(b) precluded a sentence reduction because Davis had already received a sentence below the minimum of the amended guidelines range. Davis argues that § 1B1.10(b) exceeds the Commission...

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