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U.S. v. BEARD

No. 13-2871.

745 F.3d 288 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Marlon BEARD, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided March 12, 2014.

Attorney(s) appearing for the Case

Bradley W. Murphy , Office of the United States Attorney, Peoria, IL, for Plaintiff-Appellee.

Marlon Beard , Fort Dix, NJ, Defendant-Appellant.

Before WOOD, Chief Judge, and KANNE and TINDER, Circuit Judges.

WOOD, Chief Judge.

Marlon Beard appeals from an order denying his motion to reconsider the rejection of his request for a sentence reduction under 18 U.S.C. § 3582(c)(2). Beard was seeking that reduction based on the Fair Sentencing Act of 2010 and its implementing amendments to the sentencing guidelines. The Sentencing Commission has made those amendments retroactive. His appeal, however, founders on a fundamental problem: the district court had no authority...

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