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US v. Grant, 07-3831

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By FindLaw Staff on January 11, 2011 2:52 PM

Challenge to district court's reduction of defendant's sentence for substantial assistance

US v. Grant, 07-3831, concerned a challenge to the district court's grant of government's motion to reduce defendant's sentence from twenty-five years to sixteen years, in a conviction of defendant for possession of a firearm, conspiracy to commit money laundering, and operation of a continuing criminal enterprise.

In affirming the district court's judgment, the court rejected defendant's argument that the resolution of a Rule 35(b) motion requires full Booker-type consideration of the section 3553(a) factors.  The court held that the district court acted within its discretion in refusing to consider defendant's section 3553(a)-based arguments.  Lastly, the court held that the district court properly calculated defendant's Guidelines range.

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