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082404P.pdf   03/26/2009  United States  v.  Wilmer Scurlark
   U.S. Court of Appeals Case No:  08-2404
   U.S. District Court for the District of Minnesota - St. Paul   
   [PUBLISHED] [Melloy, Author, with Loken, Chief Judge, and Benton,
   Circuit Judge]
Criminal case - Sentencing. District court did not err in finding it lacked authority to modify defendant's crack sentence under 18 U.S.C. Sec. 3582(c)(2) to reflect the crack cocaine amendments to the Guidelines because defendant had been sentenced under a binding court-approved Rule 11(c)(1)C plea agreement; fact that the agreement stipulated to a sentencing range rather than a specific number of months did not change the result as the rule states the parties may agree to either a specific sentence or sentencing range.