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United States of America v. Marchello Duncan

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ARGUED JANUARY 20, 2011

Before RIPPLE and HAMILTON, Circuit Judges, and MURPHY, District Judge.*fn1

Marchello Duncan appeals the denial of his motion for a sentence reduction pursuant to 18 U.S.C. § 3582(c)(2). We affirm. The district court did not abuse its discretion when it found that Mr. Duncan was responsible for in excess of 4.5 kilograms of crack cocaine. Accordingly, the district court correctly concluded that Mr. Duncan was ineligible for relief because the retroactive amendment to the Sentencing Guidelines did not lower the sentencing range applicable to him, as is required by § 3582(c)(2).

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