U.S. v. HOLCOMB

No. 16-2077.

853 F.3d 1098 (2017)

UNITED STATES of America, Plaintiff-Appellee, v. Percy HOLCOMB, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Filed March 23, 2017.


Attorney(s) appearing for the Case

Submitted on the briefs.*

Stephen P. McCue , Federal Public Defender, and Darcy Blue Riley , Assistant Federal Public Defender, Las Cruces, New Mexico, for Defendant-Appellant.

Damon P. Martinez , United States Attorney, and C. Paige Messec , Assistant United States Attorney, Albuquerque, New Mexico, for Plaintiff-Appellee.

Before O'BRIEN and BACHARACH, Circuit Judges.


This appeal involves the constitutionality of a provision in the U.S. Sentencing Guidelines: § 1B1.10(b)(2)(B). Under this provision, the district court can reduce a sentence when the U.S. Sentencing Commission amends the guidelines by reducing the applicable guideline range.

Mr. Percy Holcomb invoked § 1B1.10(b)(2)(B) in 2014, seeking reduction of the sentence that he had received in 2002. But in 2011, the U.S. Sentencing Commission tightened § 1B1...

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