United States v. Dryden
Court of Appeals for the Tenth Circuit
1Opinion of the Court
HARTZ, Circuit Judge.
After the United States Sentencing Commission decided to give retroactive effect to its recent amendment to the crack-cocaine guidelines, Edward Dryden moved under 18 U.S.C. § 3582(c)(2) for a reduction in his sentence. The district court denied the motion, agreeing with the government that a reduction would be barred by the Commission’s policy statement in U.S.S.G. § lB1.10(a)(2), because the amended guideline would not have reduced Mr. Dryden’s guideline sentencing range. Mr. Dryden appeals, raising the novel argument that the Commission’s policy statement results from…
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