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U.S. v. BAYLOR

No. 08-2419.

556 F.3d 672 (2009)

UNITED STATES of America, Plaintiff-Appellant, v. Herman Sean BAYLOR, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: February 11, 2009.

Attorney(s) appearing for the Case

Shannon Leigh Olson, AUSA, Richard D. Westphal, AUSA, Des Moines, IA, for appellant.

Donovan S. Robertson, Rock Island, IL, for appellee.

Before BYE and GRUENDER, Circuit Judges, and KAYS, District Judge.

PER CURIAM.

The government appeals the district court's order granting Herman Sean Baylor's motion to reduce his sentence pursuant to 18 U.S.C. § 3582(c)(2) based on Amendment 706 to the U.S. Sentencing Guidelines Manual ("U.S.S.G"), which reduced the base offense levels for certain cocaine base (crack) offenses. We reverse.

I

Baylor pleaded guilty to possessing five grams or more of crack with the...

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