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US v. Simmons, No. 07-3449

Defendant's sentence of 116 months' imprisonment for possession of more than five grams of crack cocaine with intent to distribute and for being a previously convicted felon in possession of a firearm is affirmed and remanded where, although the district court's sentencing was procedurally and substantively adequate, the Guidelines have since been revised to lower the range for certain crack offenses and defendant may be eligible for a sentencing reduction.     

Read US v. Simmons, No. 07-3449

Appellate Information

Argued: December 3, 2008

Decided and Filed: November 23, 2009


Opinion by Circuit Judge Boggs


For Appellant:   Steven S. Nolder, Federal Public Defender's Office

For Appellee:  Benjamin C. Glassman, Assistant US Attorney