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082590P.pdf   01/13/2009  United States  v.  Marvin Starks
   U.S. Court of Appeals Case No:  08-2590
   District of Nebraska - Lincoln   
   [PUBLISHED] [Colloton, Author, with Shepherd, Circuit Judge, and
   Goldberg, Judge of the United States Court of International Trade]
   Criminal case - Sentencing. The Sentencing Commission's policy
   statement in Guidelines Sec. 1B1.10 which specifies that proceedings
   under 18 U.S.C. Sec. 3582(c)do not constitute a full resentencing and
   which directs that the sentencing court must not reduce the sentence of a
   defendant who was originally sentenced within the applicable guidelines
   range to a term that is less than the minimum of the amended guidelines
   range is constitutional and enforceable, and the district court correctly
   determined that it lacked the authority to further reduce defendant's
   sentence.