United States v. Drath
Court of Appeals for the Fifth Circuit
1Opinion of the Court
DUHÉ, Circuit Judge:
Thomas and Daniel Drath moved separately under 18 U.S.C. § 3582(c)(2) for reduction of sentence based on a post-sentencing amendment to United States Sentencing Guidelines § 1B1.3. See United States Sentencing Commission, Guidelines Manual, App. C at 314-22 (Nov.1995) (hereinafter “U.S.S.G.”). The district court held the amendment was not to be applied retroactively in the context of a § 3582(c)(2) motion and, accordingly, denied both motions. We affirm.
I
Thomas Drath pleaded guilty to conspiracy to distribute and to possess with intent to distribute a controlled substance…
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