U.S. v. Spinello, No. 00-3504 (3rd Cir.) (265 F.3d 150) (September 11, 2001) (Judge Maryanne Trump Barry)
Here the Court held that U.S.S.G. § 5K2.20, which became effective on November 1, 2000, and which adopted a new definition of “aberrant behavior,” was a “substantive”, rather than a “clarifying” amendment, and thus applies only after that date.
United States v. Spinello, 265 F.3d 150 (3rd Cir. …
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