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U.S. v. NAVARRO

No. 15-10245.

800 F.3d 1104 (2015)

UNITED STATES of America, Plaintiff-Appellee, v. Jorge Avila Alberto NAVARRO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 4, 2015.

Attorney(s) appearing for the Case

Rachel R. Goldberg and Tara Azad Amin , Sidley Austin LLP, Chicago, IL; Robin Eve Wechkin , Sidley Austin LLP, Seattle, WA; Heather E. Williams , Federal Defender, and Hannah Labaree , Assistant Federal Defender, Sacramento, CA, for Defendant-Appellant.

Benjamin B. Wagner , United States Attorney, Camil A. Skipper and Jason Hitt , Assistant United States Attorneys, Sacramento, CA, for Plaintiff-Appellee.

Before: STEPHEN REINHARDT, A. WALLACE TASHIMA, and CONSUELO M. CALLAHAN, Circuit Judges.

OPINION

In this appeal, we examine the scope of the United States Sentencing Commission's (the "Commission") authority to limit the retroactive effect of its amendments to its Sentencing Guidelines. We hold that a district court cannot apply a retroactive amendment to reduce an already imposed sentence prior to...

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