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U.S. v. ORTIZ-VEGA

No. 12-1482.

744 F.3d 869 (2014)

UNITED STATES of America v. Jose ORTIZ-VEGA, Appellant.

United States Court of Appeals, Third Circuit.

Filed: March 12, 2014.

Attorney(s) appearing for the Case

Mark E. Coyne, Esq. , Office of United States Attorney, Newark, NJ, Bernadette A. McKeon, Esq. , Office of United States Attorney, Philadelphia, PA, for Appellee.

Sarah S. Gannett, Esq. , Christy Unger, Esq. , Federal Community Defender Office for the Eastern District of Pennsylvania, Philadelphia, PA, for Appellant.

Before: McKEE, Chief Judge, FUENTES, and SLOVITER, Circuit Judges.

OPINION

Sloviter, Circuit Judge.

This case involves a novel question as to when a reduction in sentence based on retroactive changes to the sentencing guidelines for crack cocaine is applicable. Jose Ortiz-Vega appeals his 108 month sentence for cocaine base ("crack") offenses. Ortiz-Vega argues that he is eligible for a sentence modification under 18 U.S.C. § 3582(c)(2) in light of retroactively applicable modifications to the federal Sentencing Guidelines...

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