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U.S. v. JORDAN

No. 16-3084.

853 F.3d 1334 (2017)

UNITED STATES of America, Plaintiff-Appellee, v. Gregory D. JORDAN, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

FILED April 18, 2017.

Attorney(s) appearing for the Case

Daniel T. Hansmeier , Appellate Chief ( Melody Brannon , Federal Public Defender, and Carl Folsom, III , Assistant Federal Public Defender, with him on the briefs), Office of the Federal Public Defender, Topeka, Kansas, for Defendant-Appellant.

Jared S. Maag , Assistant United States Attorney ( Thomas E. Beall , Acting United States Attorney, with him on the brief), Topeka, Kansas, for Plaintiff-Appellee.

Before LUCERO and BACHARACH, Circuit Judges.

Under 18 U.S.C. § 3582(c)(2), a district court may reduce a defendant's term of imprisonment if it was "based on a sentencing range that has subsequently been lowered by the Sentencing Commission." This appeal requires us to address the "based on" requirement of § 3582(c)(2) in the context of a Fed. R. Crim. P. 11...

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