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New Sentence Not Barred by Mandate Rule (access required)

A defendant whose original 150-month sentence for crack cocaine possession was vacated and remanded under U.S. v. Simmons cannot invoke the mandate rule to overturn his resentence to an above-guidelines sentence of 120 months on remand;  although the district court erred in saying the Fair Sentencing Act could not apply retroactively, the 4th Circuit says ...

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