U.S. v. Capers, No. 93-5625 (4th Cir.) (61 F.3d 1100) (August 10, 1995) (Judge M. Blane Michael)
Case held that the courts can give retroactive effect to a clarifying (as opposed to substantive) amendment regardless of whether it is listed in USSG § 1B1.10.
This decision confirms [at headnote 19] that a sentencing court can give retroactive effect to a clarifying (as opposed to a substantive) amendment …
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