US v. Simmons, No. 07-3449
Defendant's sentence of 116 months' imprisonment for possession of more than five grams of crack cocaine with intent to distribute and for being a previously convicted felon in possession of a firearm is affirmed and remanded where, although the district court's sentencing was procedurally and substantively adequate, the Guidelines have since been revised to lower the range for certain crack offenses and defendant may be eligible for a sentencing reduction.
Argued: December 3, 2008
Decided and Filed: November 23, 2009
Opinion by Circuit Judge Boggs
For Appellant: Steven S. Nolder, Federal Public Defender's Office
For Appellee: Benjamin C. Glassman, Assistant US Attorney
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