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U.S. v. FLEMMING

No. 09-2726.

617 F.3d 252 (2010)

UNITED STATES of America v. Glenn FLEMMING, a/k/a Nasir Huggins, Appellant.

United States Court of Appeals, Third Circuit.

Opinion Filed July 27, 2010.

As Amended September 27, 2010.

Attorney(s) appearing for the Case

Peter A. Levin, Esquire, (Argued) Philadelphia, PA, for Appellant.

Michael L. Levy, United States Attorney, Robert A. Zauzmer, Assistant United States Attorney, Chief of Appeals, Bernadette McKeon (Argued), Assistant United States Attorney, Salvatore L. Astolfi, Esquire, Office of United States Attorney, Philadelphia, PA, for Appellee.

Before AMBRO, CHAGARES, Circuit Judges and JONES, District Court Judge.

OPINION OF THE COURT

AMBRO, Circuit Judge.

Glenn Flemming was sentenced in February 2005 to 175 months' imprisonment for federal firearm and crack cocaine offenses committed in 2002. After the United States Sentencing Commission retroactively lowered the offense levels for most crack cocaine offenses by two levels, Flemming moved for a reduction of sentence under 18 U.S.C. § 3582(c)(2). The District Court denied his motion, concluding that it lacked...

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