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Criminal Law

: Tenth Circuit Blog

No 3582(c) Relief for Defendant Sentenced as Career Offender

By Shari Allison

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US v. Corber, -- F.3d --, 2010 WL 599887 (10th Cir. 2/22/10) - district court lacked authority to reduce sentence under 18 USC § 3582(c) because the "applicable guideline range" was based on the career offender guideline and would not have been lowered by Amendment 706. The downward variance received by Mr. Corber is analyzed like a departure; i.e., it came into play only after calculation of the "applicable guideline range."

Full post as published by Tenth Circuit Blog on February 24, 2010 (boomark / email).

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