Defendants’ crack cocaine distribution sentences are affirmed where defendants’ sentences were not “based on a sentencing range that had subsequently been lowered by the Sentencing Commission” under 18 U.S.C. section 3582(c)(2).

Read US v. Tupuola, No. 08-10422

Appellate Information

Argued and Submitted October 14, 2009

Filed November 24, 2009

Judges

Opinion by Judge Beezer

Counsel

For Appellants:

Alexander Silvert, First Assistant Federal Defender, Honolulu, HI

For Appellee:

Beverly Wee Sameshima, Michael K. Kawahara, Assistant United States Attorneys, Honolulu, HI

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