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US v. Burrell, No. 09-1664

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By FindLaw Staff on September 28, 2010 2:50 PM

In US v. Burrell, No. 09-1664, the court vacated defendant's sentence for conspiracy to possess with the intent to distribute cocaine base and powder cocaine, holding that the district court did not identify any factors that it considered relevant in deciding to reduce defendant's sentence and determining the extent of that reduction.

As the court wrote:  "Larry Burrell pled guilty to conspiracy to possess with the intent to distribute cocaine base and powder cocaine, and the district court sentenced him to 168 months' imprisonment. Three years later, Burrell requested a reduction in his sentence pursuant to 18 U.S.C. § 3582(c)(2). The court granted Burrell's motion and reduced his sentence to 151 months' imprisonment. On appeal, Burrell argues that the court erred by failing to reduce his sentence further within the amended guidelines range and by failing to explain its decision. For the following reasons, we vacate and remand."

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