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U.S. v. RIOS

Nos. 11-2624-cr, 12-209-cr, 12-303-cr, 12-310-cr, 13-1792-cr.

765 F.3d 133 (2014)

UNITED STATES of America, Appellee, v. Raul RIOS, Miguel Bautista aka Tita, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided September 2, 2014.

Amended September 8, 2014.

Attorney(s) appearing for the Case

Robert A. Culp , Garrison, N.Y., for Defendant-Appellant Miguel Bautista.

Laurie S. Hershey , Manhasset, N.Y., on the brief, for Defendant-Appellant Raul Rios.

Christopher J. Dimase ( Timothy D. Sini , Brent S. Wible , on the brief), Assistant United States Attorney, for Preet Bharara, United States Attorney, United States Attorney's Office for the Southern District of New York, New York, N.Y., for Appellee.

Before: WALKER, POOLER, and WESLEY, Circuit Judges.

JOHN M. WALKER, JR., Circuit Judge:

Defendants Raul Rios and Miguel Bautista pleaded guilty to one count of conspiracy to distribute and possess with intent to distribute cocaine base. Following sentencing by the district court (Rakoff, J.), each defendant twice moved pursuant to 18 U.S.C. § 3582(c)(2) for a reduced sentence in light of amendments made in 2007 and 2011 to the Sentencing Guidelines that lowered the base offense levels applicable to crimes...

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