United States v. James Brown

U.S. Court of Appeals for the Eighth Circuit
United States v. James Brown, 471 F. App'x 547 (8th Cir. 2012)

United States v. James Brown

Opinion

PER CURIAM.

James Brown appeals the district court’s 1 denial of his 18 U.S.C. § 3582(c)(2) sentence-reduction motion based on Amendment 750 to the United States Sentencing Guidelines. We affirm, as Brown’s applicable Guidelines range was not lowered by the amendment. See U.S.S.G. § 1B1.10, comment. (n.l(A)) (eligibility for consideration under § 3582(c)(2) is triggered only by amendment that lowers applicable Guidelines range); United States v. Tolliver, 570 F.3d 1062, 1066-67 (8th Cir. 2009) (where applicable Guidelines range was not lowered by amendment, district court lacked authority to reduce sentence). To the extent Brown has raised arguments that are not based on a Guidelines amendment, those arguments are not properly raised in a section 3582(c)(2) motion.

The judgment is affirmed. Counsel’s motion to withdraw is granted.

1

. The Honorable Ronald E. Longstaff, United States District Judge for the Southern District of Iowa.

Reference

Full Case Name
UNITED STATES of America, Appellee, v. James Lee BROWN, Appellant
Status
Unpublished