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U.S. v. SMITH

No. 16-3089.

896 F.3d 466 (2018)

United States of America, Appellee, v. Robert SMITH, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided July 20, 2018.

Attorney(s) appearing for the Case

Tony Axam Jr. , Assistant Federal Public Defender, argued the cause for appellant. With him on the briefs was A.J. Kramer , Federal Public Defender.

Michael E. McGovern , Assistant U.S. Attorney, argued the cause for appellee. With him on the brief were Channing D. Phillips , U.S. Attorney, and Elizabeth Trosman , Chrisellen R. Kolb , Anthony Scarpelli , and Barry Wiegand , Assistant U.S. Attorneys.

Before: Kavanaugh and Millett, Circuit Judges, and Williams, Senior Circuit Judge.

Robert Smith pled guilty under Federal Rule of Criminal Procedure 11(c)(1)(C) to a criminal conspiracy and was sentenced to 156 months of imprisonment, a sentence that fell within the recommended Sentencing Guidelines range. Later, the United States Sentencing Commission lowered that range and made its amendment retroactive...

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