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US v. Lightfoot, No. 09-30063

By FindLaw Staff on November 30, 2010 12:56 PM

Drug and Firearm Sentence Affirmed

In US v. Lightfoot, No. 09-30063, defendant's appeal from a denial of his motion to reduce his drug and firearm sentence, the court affirmed where the district court had every reason to be concerned that defendant's prior behavior would become renascent upon his release from prison, and the court did not abuse its discretion when it refused to expedite imposition of defendant upon society by reducing his earlier sentence.

As the court wrote:  "Pursuant to a plea agreement signed on November 1, 2004, Lightfoot was convicted on January 13, 2005, of three offenses: felon in possession of a firearm and ammunition, 18 U.S.C. § 922(g)(1); possession of a controlled substance -- crack cocaine -- with intent to distribute, 21 U.S.C. § 841(a)(1), (b)(1)(B); and use of firearm in furtherance of a drug trafficking crime, 18 U.S.C. § 924(c)(1)(A), (D). Based on a total offense level of 23 and a criminal history category of IV, the range under the Sentencing Guidelines ("Guidelines") was established at 130 to 147 months. The district court sentenced Lightfoot to 130 months imprisonment and five years of supervised release."

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