U.S. v. BANKS

No. 13-30839.

770 F.3d 346 (2014)

UNITED STATES of America, Plaintiff-Appellee v. Stephen BANKS, also known as Red, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 27, 2014.


Attorney(s) appearing for the Case

William James Quinlan, Jr., Esq. , Assistant U.S. Attorney, Kevin G. Boitmann , Assistant U.S. Attorney, Diane Hollenshead Copes, Esq. , Assistant U.S. Attorney, U.S. Attorney's Office, New Orleans, LA, for Plaintiff-Appellee.

Stephen Banks New Orleans, LA, pro se.

Before KING, DENNIS, and CLEMENT, Circuit Judges.


PER CURIAM:

Defendant-Appellant Stephen Banks appeals the denial of his motion to modify his sentence under 18 U.S.C. § 3582(c)(2). At issue is whether a defendant originally sentenced under the drug quantity table in U.S.S.G. § 2D1.1, but resentenced in a section 3582 proceeding using the career offender provisions in U.S.S.G. § 4B1.1, can bring another section 3582 motion to reduce his sentence based on an amendment to the Sentencing Guidelines that...

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