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US v. Wanambisi, No. 10-30175

By FindLaw Staff on October 27, 2010 8:06 AM

Heroin Sentencing Issue

In US v. Wanambisi, No. 10-30175, the court affirmed the denial of defendant's motion to reduce his sentence for conspiring to import heroin where 1) nothing in Amendment 505 to the Sentencing Guidelines prohibited the imposition of an enhancement for defendant's role in the offense; and 2) Amendment 505 did not reduce the base offense level for the amount of heroin for which defendant was responsible.

As the court wrote:  "Benson Watta Wanambisi, federal prisoner # 04013-265, appeals the
denial of his pro se motion for a reduction of his sentence pursuant to 18 U.S.C. § 3582(c)(2). The district court denied the motion because Wanambisi's sentence was not based on a quantity of crack cocaine. We affirm the district court's decision on alternate grounds."

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