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121226P.pdf   01/16/2013  United States  v.  Willie Johnson
   U.S. Court of Appeals Case No:  12-1226
   U.S. District Court for the Eastern District of Missouri - Cape Girardeau   
   [PUBLISHED] [Riley, Author, with Smith and Colloton, Circuit Judges]
   Criminal case - Sentencing. Amendment 742 to the Guidelines is not
   retroactive; Congress has not authorized the courts to hold unlawful or set
   aside action by the Commission found to be arbitrary, capricious or an
   abuse of discretion, and the argument that the court may disregard the
   Commission's non-retroactivity determination on those grounds is
   rejected; by complying with 18 U.S.C. Sec. 3582(c) and the
   Commission's determination on retroactivity, the district court did not
   violate defendant's due process rights because Section 3582(c)(2)
   proceedings do not implicate a constitutionally protected liberty interest.