United States v. Pembrook
Court of Appeals for the Sixth Circuit
1Opinion of the CourtBoggs, J., joined by Suhrheinrich, J.,
ROGERS, J. (pp. 387-92), delivered a separate dissenting opinion.
OPINION
BOGGS, Circuit Judge.
In 1997, Daryl Marcus Pembrook pleaded guilty to possession with intent to distribute crack cocaine. Under U.S.S.G. § 4B1.1, Pembrook was a career offender. At sentencing, Pembrook prevailed upon the district court to depart downward from his career-offender guideline range to a sentence stated with reference to the analogous range for his crack-cocaine offenses. A decade later, Pembrook filed a motion to reduce his sentence pursuant to 18 U.S.C. § 3582(c)(2), arguing that Amendment 706 to the…
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