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U.S. v. SPEARMAN

No. 16-55177.

913 F.3d 958 (2019)

UNITED STATES of America, Plaintiff-Appellee, v. Ira Vincent SPEARMAN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 18, 2019.

Attorney(s) appearing for the Case

Michael Romano (argued) and Sophie Wood , Three Strikes Project, Stanford Law School, Stanford, California, for Defendant-Appellant.

Elana Shavit Artson (argued), Assistant United States Attorney, Criminal Appeals Section; L. Ashley Aull , Chief, Criminal Division; Nicola T. Hanna , United States Attorney; United States Attorney's Office, Los Angeles, California; for Plaintiff-Appellee.

Before: Sidney R. Thomas, Chief Judge, and Kim McLane Wardlaw and Marsha S. Berzon, Circuit Judges.

ORDER

This case is remanded with instructions that the district court proceed with re-sentencing in light of, and in accordance with, the First Step Act of 2018, S. 756, 115th Cong. (2018) (enacted but not yet codified). Under the Act, "[a] court that imposed a sentence for a covered offense may, on motion of ... the court, impose a reduced sentence as if sections 2 and 3 of the Fair Sentencing Act of 2010 (Public Law 111-220; 124 Stat. 2372) were in effect at the...

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