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US v. Smith, No. 08-61098

Defendant's sentence for attempting to possess with intent to distribute cocaine base is affirmed where: 1) there was no basis for the court of appeals to make mandatory a sentencing reduction under the cocaine base Sentencing Guidelines; and 2) the district court properly considered defendant's prison disciplinary record in deciding to deny relief under 18 U.S.C. section 3582(c)(2).

Read US v. Smith, No. 08-61098

Appellate Information

Filed February 3, 2010


Opinion by Judge Garza