U.S. v. DUNN

No. 12-10388.

728 F.3d 1151 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Owen DUNN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 6, 2013.


Attorney(s) appearing for the Case

Mark Goldrosen (argued), San Francisco, CA, for Defendant-Appellant.

Merry Jean Chan (argued), Assistant United States Attorney; Melinda Haag , United States Attorney; Barbara J. Valliere , Chief, Appellate Division, Assistant United States Attorney, San Francisco, CA, for Plaintiff-Appellee.

Opinion by Judge Milan D. Smith, Jr.; Concurrence by Judge O'SCANNLAIN.


OPINION

M. SMITH, Circuit Judge:

Owen Dunn appeals the district court's denial of his motion for a reduced sentence under 18 U.S.C. § 3582(c)(2). Dunn is currently serving a 100-month prison sentence for a crack cocaine offense. He unsuccessfully moved for a 17-month reduction of this sentence under § 3582(c)(2) based on retroactive amendments to the United States Sentencing Guidelines (USSG) that lowered the penalties for crack cocaine offenses...

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