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United States v. Collier

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Submitted: April 15, 2009

Before RILEY, BENTON, and SHEPHERD, Circuit Judges.

In 2005, Robert E. Collier pled guilty to one count of possession with intent to distribute cocaine base, in violation of 21 U.S.C. § 841(a)(1). At his first sentencing, the district court sentenced Collier to 72 months imprisonment. After this court remanded for resentencing, see United States v. Collier, 191 F. App’x 514 (8th Cir. 2006) (unpublished per curiam), Collier was resentenced to 120 months imprisonment. In 2008, Collier moved to have his sentence reduced pursuant to 18 U.S.C. § 3582(c)(2). The district court granted Collier’s motion and reduced his sentence to 70 months imprisonment. The government appeals. Because Collier’s sentence was not eligible for reduction under section 3582(c)(2), we vacate and remand.

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