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121396P.pdf   08/23/2012  United States  v.  Eric Harris
   U.S. Court of Appeals Case No:  12-1396
   U.S. District Court for the Eastern District of Missouri - Cape Girardeau   
   [PUBLISHED] [Smith, Author, with Beam and Shepherd, Circuit Judges]
   Criminal Case - sentence. Sentenced as a career offender, Harris sought
   reduction under the Fair Sentencing Act. Court rejects applicability of
   Freeman v. United States to allow reduction of sentence for career
   offenders. Harris's sentencing range was based on career offender
   offense level. Amendment 759 is not invalid, as amendment is a policy
   statement and not subject to notice and comment procedure, and
   Sentencing Commission did not exceed its authority under section 994(u)
   by enacting Amendment 759 and Amendment 759 does not violate
   separation of powers doctrine..