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United States v. Clay

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Submitted: April 15, 2008

Before MURPHY, COLLOTON, and SHEPHERD, Circuit Judges.

Anthony Dion Clay pled guilty to distribution of more than 5 grams of crack cocaine after having previously been convicted of felony drug offenses, and the district court*fn1 sentenced him as a career offender to 262 months, a sentence at the bottom of the applicable guideline range. He argues on his direct appeal from the judgment and sentence that the district court should have granted his motion for a downward variance based on the unfair discrepancy between crack and powder cocaine sentences or alternatively, that he was entitled to a lower sentence based on amendments to the sentencing guidelines for crack offenses which were then pending but have now been enacted and apply retroactively. See USSG. app. C, amend. 706 & 711 (Supp. 2007); USSG app. C, amend. 713 (Supp. 2008).

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