United States v. Flemming
Court of Appeals for the Third Circuit
1Opinion of the Court
OPINION OF THE COURT
AMBRO, Circuit Judge.
Glenn Flemming was sentenced in February 2005 to 175 months’ imprisonment for federal firearm and crack cocaine offenses committed in 2002. After the United States Sentencing Commission retroactively lowered the offense levels for most crack cocaine offenses by two levels, Flemming moved for a reduction of sentence under 18 U.S.C. § 3582(c)(2). The District Court denied his motion, concluding that it lacked authority to reduce Flemming’s sentence because he was a career offender under U.S.S.G. § 4B1.1. On appeal, Flemming argues that, despite his…
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